SEABROOK, Texas -

A Seabrook-area doctor has been indicted on a murder charge following the shooting death of his neighbor last May, Local 2 Investigates has learned.

According to a source within the Harris County District Attorney's Office, Karl Edward Hormann III, an optometrist who lives in Taylor Lake Village, will be given an opportunity to surrender.

Hormann is accused of shooting and killing Brandon Smith, 36, after Smith crashed a party at the doctor's home. The shooting happened at approximately 4:30 a.m. on May 26, 2013.

The issue is whether Hormann had a legal right to shoot Smith, who was shot in both his head and torso.

"It's pretty difficult to see why you have to shoot somebody when you can walk back in your yard, which is what they told him to do," said Smith's father, Stanley Briers.

Briers, along with several other residents of the Timber Cove subdivision, believe Hormann's indictment is long overdue.

Hormann did not answer a knock on the door of his residence and was not in his Edgebrook Drive optometry office Thursday afternoon.