for the child and was screaming out her ar name. the child screamed. when found her according to the sheriff's office the man had his pants down and was actually exposed. that is when the father started beating him on the head and neck to get him off his fiv five-year-old daughter. also like we reported on monday we are told this case is definitely going to the grand jury. now, the district attorney in guadalupe county says that the sheriff was correct in not arresting the father because he was defending the child as they believe it to be. i think, judge, a lot of people right now are shell shocked with what happened in florida so i think they are going to do everything they need to do so there are no questions that due process was served here in texas. >> judge jeanine: what is interesting, yame, is that if as the sheriff quoted texas law gives the father the right to to this and the sheriff was very particular about his quo e quoting the texas statute, i mean the presentation to the grand jury seems to be nothinig