Joe Horn cleared of all charges

unsungunsung I stopped by on March 7 2024. First time in many years, had to update payment info. Hope all is well. Politicians suck. Bye. Posts: 9,487
edited July 2008 in A Moving Train
http://www.cnn.com/2008/CRIME/06/30/burglary.shooting.ap/index.html


HOUSTON, Texas (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, 61, 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.

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.

The two Horn suspected of committing burglary, 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.
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Comments

  • good for him. thats the only thing i like about this shithole state.
  • Kel VarnsenKel Varnsen Posts: 1,952
    unsung wrote:
    http://www.cnn.com/2008/CRIME/06/30/burglary.shooting.ap/index.html


    HOUSTON, Texas (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, 61, 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.

    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.

    I still don't understand how shooting someone in the back can be considered self-defense. Seems more like vigilante justice, the same as if he had tracked them down to their own homes and shot them in their sleep.
  • flywallyflyflywallyfly Posts: 1,453
    I still don't understand how shooting someone in the back can be considered self-defense. Seems more like vigilante justice, the same as if he had tracked them down to their own homes and shot them in their sleep.

    They were obviously using the Brazilian jujitsu "back attack" against him and he was smart enough to figure it out before it worked on him. The back can be used in numerous deadly grappling holds. Joe Horn is lucky to be alive and able to continue his career in the NFL for the Atlanta Falcons.
  • Smellyman2Smellyman2 Posts: 689
    That is just wrong.

    Now you can shoot people in the back??? Someone walking on the sidewalk in front of your house, you can shoot now???

    Texas or Florida. Which state sucks more?
  • unsungunsung I stopped by on March 7 2024. First time in many years, had to update payment info. Hope all is well. Politicians suck. Bye. Posts: 9,487
    Wrong or right if those criminals were not breaking into somebody's home they would probably still be alive.
  • Smellyman2Smellyman2 Posts: 689
    They could've been friends of the neighbors. Who knows? He was on the phone with the operator who was pleading with him not to commit premeditated murder. but he decided to go outside and shoot two people in the back.

    sorry, but that is wrong.
  • bootlegger10bootlegger10 Posts: 16,060
    Right or wrong... in this case everything worked out.
  • blackredyellowblackredyellow Posts: 5,889
    Joe Horn is lucky to be alive and able to continue his career in the NFL for the Atlanta Falcons.

    Nice... from the time this story first happened through now, I still picture that Joe Horn when reading his name... Then I get angry because how badly he let me down a few years ago on my fantasy team :)
    My whole life
    was like a picture
    of a sunny day
    “We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
    ― Abraham Lincoln
  • know1know1 Posts: 6,794
    He should have been indicted and convicted, in my opinion. It should never be OK to take the law into your hands and kill someone...especially since the punishment for robbery is usually not death.
    The only people we should try to get even with...
    ...are those who've helped us.

    Right 'round the corner could be bigger than ourselves.
  • gabersgabers Posts: 2,787
    Another little known Texas law: you can shoot your wife for having too much of a "wanderin' eye". I like to remind my wife of that from time to time.
  • unsungunsung I stopped by on March 7 2024. First time in many years, had to update payment info. Hope all is well. Politicians suck. Bye. Posts: 9,487
    know1 wrote:
    He should have been indicted and convicted, in my opinion. It should never be OK to take the law into your hands and kill someone...especially since the punishment for robbery is usually not death.



    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.

    I'd rather be tried by twelve than carried by six.
  • inmytreeinmytree Posts: 4,741
    unsung wrote:
    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.

    I'd rather be tried by twelve than carried by six.

    Just cuz his attorney says it, doesn't make it true...
  • BamaPJFanBamaPJFan Posts: 410
    inmytree wrote:
    Just cuz his attorney says it, doesn't make it true...

    The grand jury evidently believed his attorney.
    United Center (Chicago): 8/24/09
    Gibson Amphitheatre (Los Angeles): 10/7/09


  • inmytreeinmytree Posts: 4,741
    BamaPJFan wrote:
    The grand jury evidently believed his attorney.

    or they adhered to this stupid law:

    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.


    either way, this guy got away with murder...sadly that happens from time to time...
  • CollinCollin Posts: 4,931
    That sucks.
    THANK YOU, LOSTDAWG!


    naděje umírá poslední
  • jbalicki10jbalicki10 Posts: 517
    This guy deserves a medal. A True American Hero TM pending...
  • BamaPJFanBamaPJFan Posts: 410
    inmytree wrote:
    or they adhered to this stupid law:

    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.


    either way, this guy got away with murder...sadly that happens from time to time...

    It's quite possible that Mr. Horn's actions did meet the elements of murder. However, because his victims were illegally in the United States and because they were in the process of commiting a crime(s), the grand jury was not sympathetic to their side. In other words, the victims (the two dead guys) were tainted because of their backgrounds.
    United Center (Chicago): 8/24/09
    Gibson Amphitheatre (Los Angeles): 10/7/09


  • blackredyellowblackredyellow Posts: 5,889
    jbalicki10 wrote:
    This guy deserves a medal. A True American Hero TM pending...

    Keep that in mind next time you cut through your neighbor's yard.
    My whole life
    was like a picture
    of a sunny day
    “We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
    ― Abraham Lincoln
  • flywallyflyflywallyfly Posts: 1,453
    Nice... from the time this story first happened through now, I still picture that Joe Horn when reading his name... Then I get angry because how badly he let me down a few years ago on my fantasy team :)

    Hehe. Me too. As far as FF, I wouldnt have him anywhere near my team anymore...lol.
  • gabersgabers Posts: 2,787
    Give me a fucking break with the hero stuff. Hero?! Really?! For shooting burglers in his neighbor's yard in the back with a shotgun? Wow. I like to reserve the term hero for someone a little more fitting. People like to throw that term around way too often these days.
  • flywallyflyflywallyfly Posts: 1,453
    gabers wrote:
    Give me a fucking break with the hero stuff. Hero?! Really?! For shooting burglers in his neighbor's yard in the back with a shotgun? Wow. I like to reserve the term hero for someone a little more fitting. People like to throw that term around way too often these days.

    No kidding. I have no problem with defending your life but this was nowhere near that. Here is a photo of the three involved (they should just show the two dead guys' backs, IMO). What a "hero".

    http://www.rackjite.com/graphics/joehorn2.jpg
  • eyedclaareyedclaar Posts: 6,980
    BamaPJFan wrote:
    It's quite possible that Mr. Horn's actions did meet the elements of murder. However, because his victims were illegally in the United States and because they were in the process of commiting a crime(s), the grand jury was not sympathetic to their side. In other words, the victims (the two dead guys) were tainted because of their backgrounds.


    I agree and even as a gun nut, there is no reason to shoot to kill in this situation. Sounds like he could have easily fired a warning shot and then had them lie down face first on the ground and wait for the cops to arrive... If you just have to get involved, it shouldn't be hard to control two people with a shotgun. Sounds to me like he wanted to shoot someone.

    Of course, I wasn't there.
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  • Kel VarnsenKel Varnsen Posts: 1,952
    eyedclaar wrote:
    I agree and even as a gun nut, there is no reason to shoot to kill in this situation. Sounds like he could have easily fired a warning shot and then had them lie down face first on the ground and wait for the cops to arrive... If you just have to get involved, it shouldn't be hard to control two people with a shotgun. Sounds to me like he wanted to shoot someone.

    Of course, I wasn't there.


    On top of my post earlier, I also don't understand how you can shoot two people in self defense. I mean logically after you shoot the first one (in the back no less) I can't see the second guy trying to attack you or being any sort of a threat that you would need deadly force to defend yourself from.
  • Thorns2010Thorns2010 Posts: 2,201
    unsung wrote:



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



    "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."


    Wait a second, is it just me, or does it sound like the District Attorney didn't think Joe Horn did anything wrong, and if so, how could he have even been trying to convict him?
  • Eliot RosewaterEliot Rosewater Posts: 2,659
    This is good news. I had plans to pick him up late in this year's fantasy draft.
  • AnonAnon Posts: 11,175
    I still don't understand why he ignored the dispatchers many pleas to stay inside..

    "I've got a shotgun; you want me to stop him?" Horn asked the dispatcher.

    "Nope. Don't do that," the dispatcher replied. "Ain't no property worth shooting somebody over, OK?"

    Horn was clearly upset by the dispatcher's response.

    "I'm not gonna let them get away with it," he said. "I can't take a chance getting killed over this, OK."

    Despite the dispatcher's protects, Horn said, "I'm gonna shoot! I'm gonna shoot!"

    The 911 dispatcher warned Horn to stay inside at least a dozen separate times, telling him, "An officer is coming out there. I don't want you to go outside that house."

    Then Horn — sounding angrier by the moment — cited the new Texas law.

    "OK, but I have a right to protect myself too, sir," he said. "And you understand that. And the laws have been changed in this country since September the first, and you know it and I know it."

    Moments later, Horn saw two burglars leave his neighbor's house, one of them carrying a bag filled with cash and jewelry.

    "I'm gonna kill him," Horn said.
    "Stay in the house," the dispatcher said.
    "They're getting away," Horn replied.
    "That's all right," the dispatcher said. "Property's not worth killing someone over. OK?"
    "---damn it," said Horn, who then defied the dispatcher.

    "Well, here it goes, buddy, you hear the shotgun clicking, and I'm going," he said.

    "Don't go outside," the dispatcher warned.
  • fanch75fanch75 Posts: 3,734
    By Gawd, at'll lern 'em!
    Do you remember Rock & Roll Radio?
  • Keep that in mind next time you cut through your neighbor's yard.
    with his tv?
  • Smellyman2Smellyman2 Posts: 689
    MrSmith wrote:
    with his tv?

    Well if they have the tv then shoot them in the kneecaps and torture them a while before killing them.

    Joe Horn should be locked up for the rest of his pathetic life.
  • KannKann Posts: 1,146
    eyedclaar wrote:
    I agree and even as a gun nut, there is no reason to shoot to kill in this situation.
    That's a good point. You (generic you) can argue on wether he needed to go out and shoot but he certainly didn't need to kill. If you follow that train of thought he also could have tortured them slowly before killing them.
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