One year ago today: Joe Horn shot two burlgars

aikoaiko

(1000+ posts) Send PM | Profile | Ignore

Fri Nov-14-08 10:45 AM
Original message

One year ago today: Joe Horn shot two burlgars

Edited on Fri Nov-14-08 11:17 AM by aikoaiko

Yep, it was one year ago.

Joe Horn, the shooter

Hernando Riascos Torres (aka: M.A. DeJesus) and Diego Ortiz, the burglars

From http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy">Wiki (as good a synopsis as any):

The Joe Horn shooting controversy refers to the events of November 14, 2007, in Pasadena, Texas, United States when local resident Joe Horn shot and killed two men burglarizing his neighbor's home. Publicized recordings of Horn's exchange with emergency dispatch indicate that he was asked repeatedly not to interfere with the burglary, because the police would soon be on hand.<1> The shootings have resulted in debate regarding self-defense, Castle Doctrine laws, and Texas laws relating to use of (deadly) force to prevent or stop property crimes. The illegal alien status of the burglars has been highlighted because of the U.S. border controversy.<2> On June 30, 2008, Joe Horn was cleared by a grand jury in the Pasadena shootings.

Joe Horn, 61, spotted two burglars breaking into his next-door Vietnamese-American neighbor's home in Pasadena, Texas. He called 911 to call police to the scene. While on the phone with emergency dispatch, Horn stated that he had the right to use deadly force to defend property, referencing a law (Texas Penal Code § 9.41., § 9.42., and § 9.43.) which justified the use of deadly force to protect property. He stated that he was going to go outside and confront the burglars. As the burglars were exiting his neighbor's home, and approaching Horn's home, Horn exited his home with his shotgun, while the 911 Operator tried to dissuade him from that action. On the 911 tape, he is heard confronting the suspects, saying, "Move, and you're dead",<3> immediately followed by the sound of a shotgun blast, followed by two more.<4> Following the shootings Mr. Horn told the 911 operator, "They came in the front yard with me, man, I had no choice!" <5>

Police initially identified the dead men in Horn's yard as 38-year-old Miguel Antonio DeJesus and Diego Ortiz, 30, both of Houston of Afro Latino descent. However, DeJesus was actually an alias of Hernando Riascos Torres, 38.<3> They were carrying a sack with more than $2,000 cash and jewelry taken from the home. Both were convicted criminals from Colombia who had entered the country illegally, and were members of an organized burglary ring in Houston.<1> Police found a Puerto Rican identification card on Ortiz while Torres had three identification cards from Colombia, Puerto Rico, and the Dominican Republic, and had been previously sent to prison for dealing cocaine and was deported in 1999.<6>

A plain clothes police detective responding to the 911 call had arrived at the scene before the shooting and witnessed the escalation and shootings, while remaining in his car.<3> His report on the incident indicated that the men who were killed "received gunfire from the rear".<1> Police Capt. A.H. Corbett stated the two men ignored Mr. Horn's order to freeze and one of the suspects ran towards Joe Horn before he angled away from him toward the street when he was shot in the back. Pasadena police confirmed that the two men were shot after they ventured into his front yard. The detective did not arrest Horn.

Here is the audio tape of the http://www.youtube.com/watch?v=_7jqLie6-Y0">911 call and here is a a http://www.cbsnews.com/stories/2007/11/17/national/main3517564.shtml?source=mostpop_story">CBS article with selected highlights from the audio tape.

On June 30, 2008, Joe Horn was "cleared" of any charges after the grand jury listened to testimony presented by the DA and found insufficient evidence to indict.

Statement from City of Pasadena

With a decision by the grand jury not to return a true bill against Mr. Horn, a panel of citizens drawn from the community has determined that the facts of the incident did not warrant the handing up of an indictment for criminal actions. The grand jury, hearing the available facts and witnesses as well as the law to be applied in this case, is in the best position to make that determination.

Mr. Horn has satisfied the state, through the grand jury process, that his actions do not warrant criminal prosecution on these charges. We hope that the decision of the grand jury, while difficult for some to accept, will be respected as the product of a careful weighing of all the facts by an impartial panel of citizens.

This incident has been a tragedy for all those involved, changing lives forever. The obvious lessons that can be drawn from it are that criminal activities are inherently a dangerous lifestyle, and the prevention and pursuit of those involved in criminal actions are best left to the police. They are professionals trained to meet the unexpected circumstances of pursuit and apprehension. The City of Pasadena intends to continue to provide its police force whatever resources required to assure our citizens that their community remains a safe place to live and work.

The Grand Jury testimony is sealed, but I think it came down to this. Joe Horn did nothing illegal by confronting the burglars with a shotgun and if they did run toward him on his property than the Grand Jury probably believed his claims of self-defense. Apparently, there was a plainclothes officer in his car (who just pulled up) who saw the shooting and testified.

Some people say that Joe Horn got away with murder (he clearly said some incriminating things on the 911 call) and others say he acted as a good neighbor who didn't let criminals victimize him or his neighbors (he also clearly defined his actions in terms of duty and civil responsibility).

While I probably would have followed the direction of the dispatcher to stay inside and let the police handle it because they were arriving on the scene, I will always back up a citizen who, within the bounds of the law, confronts criminals. Its risky to do so (because of being harmed or becoming overzealous and committing a crime yourself), but I think there is nothing wrong with confronting criminal behavior.

edited typos