Joe Horn: New Texas Law Covers Use of Deadly Force

Albert Einstein once said "The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing."

Yesterday DBKP wrote about Joe Horn, the Texas man who was cleared by the Harris County Grand Jury after he shot two illegal "immigrants" when they had broken into a neighbor's home in Pasadena TX in November. Horn's actions, that of a private citizen using deadly force against someone committing a felony, were covered by a new Texas statute, the Castle Law, or Senate Bill 378.

“Don’t go outside the house,” the 911 operator pleaded. “You’re going to get yourself shot if you go outside that house with a gun. I don’t care what you think.”

“You want to make a bet?” Horn answered. “I’m going to kill them.”

Horn had called 911 to report that he had witnessed the two men break into his neighbor's home in broad daylight. Horn, whose conversation was taped, ignored the operator's order to remain inside his home. The tape picked up the sounds of Horn "confronting" the two men as they left the house and headed for the street:

“Move,” Horn can be heard saying on the tape. “You’re dead.”

Boom.

Click.

Boom.

Click.

Boom.

The two men died from gunshot wounds in the back while the whole incident was witnessed by a plainclothes detective who had just pulled up to the curb in front of Horn's residence. The detective stated that he had "ducked" under the steering wheel of his car when he saw Horn shoot the men for fear that Horn might mistakenly shoot him as the "wheel man".

“I had no choice,” he said, his voice shaking. “They came in the front yard with me, man. I had no choice. Get somebody over here quick.” [1]

Horn's attorney, Tom Lambright, said his client was attempting to "gather evidence" for the cops. What's interesting about Horn's case is that the Texas legislature signed a new bill in 2007 that applied to Horn's dilemna. The Castle Law, signed by Texas Govenor Rick Perry last March, went into effect on the first of September. Less than three months later this law protected Horn from prosecution and civil litigation for using deadly force as a private citizen.

“The right to defend oneself from an imminent act of harm should not only be clearly defined in Texas law, but is intuitive to human nature,” said Gov. Perry. “Today, I am proud to sign the Castle Law which allows Texans to not only protect themselves from criminals, but to receive the protection of state law when circumstances dictate that they use deadly force."

The Castle Law, or Senate Bill 378, extends a person's right in the state of Texas to use "reasonable" deadly force when an intruder commits "certain crimes" such as attempted murder or murder, attempted sexual assault or assault, unlawfully trying to enter a protected place, such as one's home, workplace, or car, or when someone is attempting to "remove someone from a protected place". The law also protects citizens from civil litigation.

Because homicide and murder have no statute of limitations. Under Texas law if a grand jury returns a "no-bill" (no indictment) a future district attorney would be prohibited from reopening the case unless there were new evidence. This protects people from being indicted by any politically ambitious but uncscrupulous prosecutor like a Spitzer reopening a case for no reason other than noteriety and self promotion. Also, the "no-bill" will protect Mr. Horn from civil suits along with the new "castle doctrine" law that became effective last year. Source - Paleo Conservative, Free Republic

Horn's actions, shooting two men in broad daylight in the back while they were leaving a neighbor's house they had just broken into, were covered by this new law.

Read more of Joe Horn Covered by New Texas Deadly Force Law at DBKP.com

By LBG

Hat Tip: Paleo Conservative, Free Republic
Hat Tip: Einstein quote - Alligator, Free Republic

Source - DBKP - Joe Horn Cleared by Harris County Grand Jury
Source - Texas Govenor's Office - Castle Law
Source - Texas Department of Public Safety
Source - DBKP - Joe Horn: Man Who Shot Two Burglars in the Back
Image - Vigilante

Death by 1000 Papercuts Front Page.

Joe Horn: Man Who Shot Two Burglars in the Back

When we first wrote about Joe Horn on November 27 the debate was whether Horn's actions in killing two men who had just broken into his neighbor's house in broad daylight was being either the good neighbor, protecting property or a case of cold blooded vigilantism.

"Don't go outside the house," the 911 operator pleaded. "You're going to get yourself shot if you go outside that house with a gun. I don't care what you think."

"You want to make a bet?" Horn answered. "I'm going to kill them."

Horn claims the two men were "10 to 12 feet from him in his yard" and that they "lunged at him."

"Move," Horn can be heard saying on the tape. "You're dead."

Boom.

Click.

Boom.

Click.

Boom.

Horn redialed 911 and told the dispatcher what he'd done.

"I had no choice," he said, his voice shaking. "They came in the front yard with me, man. I had no choice. Get somebody over here quick." [1]

Now comes word from the Pasadena, Texas police. Horn shot the two men in the back and the incident was witnessed by a plainclothes detective.

From the Houston Chronicle:

Corbett said the plainclothes detective, whose name has not been released, had parked in front of Horn's house in response to the 911 call. He saw the men between Horn's house and his neighbor's before they crossed into Horn's front yard.

Corbett believes neither Horn nor the men knew a police officer was present.

"It was over within seconds. The detective never had time to say anything before the shots were fired," Corbett said. "At first, the officer was assessing the situation. Then he was worried Horn might mistake him for the 'wheel man' (get-away driver). He ducked at one point."

When Horn confronted the suspects in his yard, he raised his shotgun to his shoulder, Corbett said. However the men ignored his order to freeze.

Corbett said one man ran toward Horn, but had angled away from him toward the street when he was shot in the back just before reaching the curb.

"The detective confirmed that this suspect was actually closer to Horn after he initiated his run than at the time when first confronted," said Corbett. "Horn said he felt in jeopardy."[1]

Neither of the deceased carried a gun.

Neither suspect was armed, but one had a "center punch," a 6-inch pointed metal tool, in his pocket that might be used as a weapon, authorities said.

Also, they were carrying a sack filled with more than $2,000 in cash and assorted jewelry believed taken in the burglary, police said. [1]

Horn mentioned to the cop the new state law that allows homeowners to protect their property. Horn was not arrested, so far no charges have been filed.

"This case is a little different," Corbett said. "We'll have to let the grand jury sort this one out."[1]

Both were illegal immigrants from Colombia, authorities said. Torres had been deported to Colombia in 1999 after serving time for possession with intent to distribute cocaine. Both were also using fake identification cards and aliases, and their backgrounds are now being scrutinized by federal authorities to determine if they were part of a Colombian fake ID and burglary ring, authorities said. [1]

A Civil Rights Activist, Quanell X has called for the Texas Rangers or FBI to investigate this case.

"I don't trust the Pasadena Police Department," he said. "Why are they just now releasing the fact that an undercover officer witnessed the whole thing? This case stinks."[1]

It is interesting that a plainclothes cop witnessed the whole incident but the police didn't mention this fact until later. Horn claims he had the right to protect his property but to some his neighbor's house is not exactly "Horn's property." Then the matter of shooting unarmed men in the back in broad daylight.

Just what does protection of property constitute? Where are the limits?

What was Joe Horn, good guy or a trigger happy vigilante?


Source - 1 - DBKP - Joe Horn: Cold Blooded Killer or Good Neighbor?

By LBG
Image [Roy_Budd-Vigilante]




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School Massacre Avoided: Another Kid Wants to Take Out "Bullies"

Another Columbine-style attack is planned; this time it's short-circuited before anyone dies. The justification: ridding the world of bullies. When firing a rocket launcher at innocent students doesn't qualify you as a "bully". The look into a 14-year-old's confused mind from the Philadelphia Daily News?

DILLON COSSEY apparently wanted to rid the world of bullies.

And he had a plan to do so, according to his confession to police:

Back up a car to Plymouth Whitemarsh High School and dump out a stockpile of weapons; barricade school doors using chains and padlocks so students couldn't get out; then fire a rocket launcher.

The chilling details of Cossey's blueprint for carrying out a Columbine-style attack emerged yesterday as the 14-year-old entered a guilty plea in Montgomery County juvenile court.

Cossey pleaded guilty to solicitation to commit murder, risking a catastrophe and possessing an instrument of a crime. He faces a maximum sentence of seven years in jail. Because he was charged as a juvenile, Cossey cannot be held in custody beyond age 21.

How far down the road of teen vigilante justice have we come that this is no longer national news? It is another sad chapter in a sad book.

Kids with weapons planning to kill innocent fellow students under the banner of "Making the World Bully-Free".

by Mondoreb
& Little Baby Ginn
[photo:funmansion]



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