Prisons & death rows have been & still are filled with people who killed in a "heat of the moment" situation.
If you awaken to a stranger in your house and you fear for the life of you are your family you shoot him. He’s in Texas...he’ll go free. As he should!~!!
You've obviously never lived in Texas. The "Castle doctrine" in Texas is very strong. If someone is in your house or on your property without your permission, and they do ANYTHING to make you feel they are a threat to you, your family or your property, you can shoot them dead. You don't have to wait until they have a weapon, until they take a swing at you, or anything like that. The fact that the boy was in his house at 2 AM, in his daughter's room, and his daughter said she didn't know him is plenty of reason for the father to consider him a threat. The fact that he grabbed for something is just additional cause.
It is sad that the boy lost his life, and I am sure the dad will have some issues to deal with as a result. But you will never get a Texas grand jury to indict based on the facts that were given in the story. Unless something comes out that hasn't yet been told, such as the father shot the kid while he was lying face down on the floor, the only legla problems the father will have is the lawsuit that will be filed by the boy's parents.