The father had no way of knowing if, the scumbag, deprived of his raging lustful satiation, might turn, enraged, beat the father unconscious, and then continue to rape his child. The only way to be sure that this rape was ended was to either restrain (bind) the attacker, or, absent the implements needed to accomplish this, render him unconscious.
None of which takes into account the father's immediate frame of mind upon seeing his kidnapped child about to be sexually savaged by this animal. Striking out to defend his innocent in an immediate flash of righteous anger is only human, should be expected, and would never be found by a jury as grounds for a finding of pre-meditated malicious intent.
I could act as counsel for this Texas dad in 100 such cases and win every single one of them. Except that only an idiot prosecutor would ever bring such a case before a jury. Or a judge.
;-\
“[E]xcept that only an idiot prosecutor would ever bring such a case before a jury. Or a judge.”
Or Eric Holder.