Prosecutors said they do not know yet whether they will seek the death penalty against Francisco Oropeza, 38, who is a Mexican national and had been deported multiple times in the years prior to the April attack outside Houston.
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"I think it's a little too early for us to make that call," San Jacinto County District Attorney Todd Dillon said.
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Dillon said he expects Oropeza to plead not guilty during a court appearance in August. A lawyer for Oropeza did not immediately respond to a request for comment Friday.
Police say Oropeza stormed into his neighbor's house on April 28 after being asked by them to stop firing his AR-style rifle because a baby was trying to sleep. All five victims were from Honduras, including a 9-year-old boy.
WATCH: What to know about arrests of mass murder suspect and others
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What to know about arrests of mass murder suspect and others
The shooting happened in the rural town of Cleveland, about 45 miles (72 kilometers) north of Houston. Police say Oropeza fled the neighborhood after the shooting, setting off a widening manhunt that came up empty for days despite more than 250 officers, drones and scent-tracking dogs searching and $80,000 in reward money being offered.
Oropeza was eventually arrested near Conroe, roughly 20 miles (32 kilometers) from the home where the shooting took place.
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