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View Full Version : Legal Texas man cleared of killing suspected burglars


little jacob
06-30-2008, 08:24 PM
I wondered what you guys thought about this.


HOUSTON (AP) — A Texas man who shot and killed two men he suspected of burglarizing his neighbor's home was cleared in the shootings Monday by a grand jury.

Joe Horn, 62, shot the two men in November after he saw them crawling out the windows of a neighbor's house in the Houston suburb of Pasadena, carrying bags of the neighbor's possessions.

Horn called 911 and told the dispatcher he had a shotgun and was going to kill the men. The dispatcher pleaded with him not to go outside, but Horn confronted the men with a 12-gauge shotgun and shot both in the back.

"The message we're trying to send today is the criminal justice system works," Harris County District Attorney Kenneth Magidson said.

Horn's attorney, Tom Lambright, has said his client believed the two men had broken into his neighbor's home and that he shot them only when they came into his yard and threatened him.

Horn's attorney, Tom Lambright, said his client was relieved by the grand jury's decision and never wanted to hurt anyone.

"He wasn't trying to take matters into his own hands," Lambright said. "He was scared. He was not playing cowboy."

Horn did not speak with reporters Monday, and had a "No Trespass" sign blocking the path to the front door of his home.

Lambright said Horn believed the two men had broken into his neighbor's home and that he shot them out of fear for his life when they came into his yard and threatened him.

"He wasn't acting like a vigilante," Lambright said. "He was well within his rights to do what he was doing."

The men Horn killed, Hernando Riascos Torres, 38, and Diego Ortiz, 30, were unemployed illegal immigrants from Colombia. Torres was deported to Colombia in 1999 after a 1994 cocaine-related conviction.

The episode touched off protests from civil rights activists who said the shooting was racially motivated and that Horn took the law into his own hands. Horn's supporters defended his actions, saying he was protecting himself and being a good neighbor to a homeowner who was out of town.

"I understand the concerns of some in the community regarding Mr. Horn's conduct," Magidson said. "The use of deadly force is carefully limited in Texas law to certain circumstances ... In this case, however, the grand jury concluded that Mr. Horn's use of deadly force did not rise to a criminal offense."

Lambright did not immediately return a phone call seeking comment from The Associated Press.

Texas law allows people to use deadly force to protect themselves if it is reasonable to believe they are in mortal danger. In limited circumstances, people also can use deadly force to protect a neighbor's property; for example, if a homeowner asks a neighbor to watch over his property while he's out of town.

It's not clear whether the neighbor whose home was burglarized asked Horn to watch over his house.

little jacob
06-30-2008, 08:29 PM
personally i dont feel this was justifiable. he said to the 911 operator he was going to shoot them, so he certainly seems to not have had the mortal danger test in his mind once he got outside and pulled the trigger.

but once he got outside, maybe he decides he doesn't want to shoot them after all. but then they threaten him so he does. maybe that would be justifiable.. but given his state of mind as demonstrated to the dispatchers, i dont think that washes.

there ought to be more sense in the law than justifying deadly force to protect just property, as well. i don't think a reasonable person would generally do that but there are unreasonable people out there.

Iowanian
06-30-2008, 09:09 PM
Good.

Best theft detourant available. Risk of death.

BWillie007
06-30-2008, 09:17 PM
Ridiculous. This guy wanted to kill that night. I listened to the tape. Guy should have got something, manslaughter. Something. Just not right. It's just real hard to get enough Texans to put pieces of shit like this in prison because of their love affair with having guns in their home.

2bikemike
06-30-2008, 09:30 PM
Personally I am glad he got off. I freaking can't stand thieves. And to top it off they were both Illegals one who had been deported once.

People should be able to protect their property and that of their neigbors. Make these pieces of chit think twice before they go breaking into homes. The cops sure as hell can't protect you.

pr_capone
06-30-2008, 10:36 PM
Good.... glad Mr. Horn got off free and clear.

jAZ's head will asspolde when he hears of this. LMFAO

Uncle_Ted
06-30-2008, 11:21 PM
If I lived in this guy's neighborhood I'd be scared that he'd blast one of my friends who dropped by to pick up the mail while I was out of town.

I'm still amazed that the grand jury wouldn't even indict this guy. Given his announced intention to kill them before he even left his house, he got extremely lucky.

Pitt Gorilla
06-30-2008, 11:32 PM
This is fine, but can you imagine encountering this guy on a sidewalk? Is he going to shoot you? You might draw just to be on the safe side.
:evil: