ALBUQUERQUE (KRQE) - It turns out the man police say nearly beat a naked Peeping Tom to death has not been charged as originally reported.
Earlier this month police say Dylan Maho, 29, was looking through the bedroom window of two teen girls.in northwest Albuquerque.
Police say the girls' father, Emilio Chavez, saw Maho. Albuquerque police say after Maho ran Chavez, his son and another teen caught him and that Chavez beat him.
Days after the incident police told KRQE News 13 the father was facing aggravated battery charges.
Now the department says a grand jury will determine if the father will be charged.
Police say the case will be sent to the district attorney's office when the investigation is complete.
Police and prosecutors have said from the beginning they don't believe this was a clear case of self-defense.
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