I thought the only loaded weapon the boy had was his turgid pecker. Well, it’ll be up to the jury to decide.
The only jury that will hear this will be the grand jury. In Texas, the indictment has to come from the grand jury, not the police or the prosecutor. And based on the cases I observed while living in Houston, it will take no time at all for the grand jury to "no-bill" this case.
I remember a case back in the early 90's, when I was living in Houston. Someone from out-of-town, a Brit I believe, went out on the town and got drunk. Coming back, he could not remember which house he was staying in. He walked up to a house he thought looked familiar and knocked on the door loudly. When no one answered, he walked around to the back door and knocked again. The lady who lived in the home was frightened by this, and shot him dead through the closed door! She was never indicted, a fact that made the British government very unhappy.