CNN  — 

Prosecutors could seek the death penalty against a Mexican national charged with fatally shooting five people in a Texas home, after a grand jury indicted him for capital murder, the district attorney told CNN on Friday.

Francisco Oropesa, 38, was charged in May for the killings in the town of Cleveland in April. Police said he shot the people in the neighboring home after they asked him to stop firing his gun so close to their property because it was waking a baby.

Oropesa fled and was found days later hiding in a closet near the site of the murders, police said.

His bond was set in May at $7.5 million.

Friday’s indictment, on one count of capital murder, means prosecutors can seek the death penalty against Oropesa, but San Jacinto County District Attorney Todd Dillon said a decision has not been made.

“We have not decided whether we will seek the death penalty because the defense has not had an opportunity to present any mitigation evidence for the state to consider,” Dillon said. “We will be sure to give them an opportunity to do so before making that decision.”

The indictment was not available from the court clerk’s office Friday.

The youngest of the victims was 9 years old, CNN has reported.

CNN has reached out to Oropesa’s defense attorney Anthony Osso for comment.