In Texas, the prosecutor has two choices (and sometimes doesn’t have a choice at all). He can choose not to prosecute, in which case the shooter may face civil action. Unlikely and there are many barriers to that, but it can happen and will be a problem until the case eventually gets tossed by a judge.
He can also present it to the Grand Jury. In many counties, there isn’t a choice, all homicides (justified or not) are placed before the Grand Jury whether or not the prosecutor actually wants to file charges. This is actually a good thing; if the Grand Jury “no-bills” or refuses to indict, it ends the threat of civil lawsuit against the shooter.
This is why Joe Horn (the Houston man who shot two burglars on his lawn) isn’t facing mass lawsuits from the burglars’ families and the local race baiters - since the Grand Jury issued a “no-bill” and declared that no crime occurred, no civil lawsuit can occur.
Thanks for the detailed answers.
It makes some sense now.