sexually assaulting his 5-year-old daughter. the assailant's five year daughter, the father. he was not charged initially but now the case has been ruled a homicide and a grand jury has been convened. police in the meantime say they have no reason to doubt the father's motive but the grand jury proceeds. >> during the course of him trying to rescue his daughter, he struck the individual several times and the individual ended up dying. >> he had remorse that the individual had died. i mean, it wasn't his intent. he was just proteching his daughter and doing what he thought he had to do to protect his daughter. megyn: so if that is how the sheriff feels, and the d.a. is saying the sheriff reached the right decision, why are they convening a grand jury? joining me now, joey jackson former prosecutor and now defense attorney and mercedes colwin, fox news