No Charges For Man Who Killed Burglars

Grand Jury Clears Texas Man Who Shot Two Men Who Allegedly Broke Into His Neighbor's House

(AP)  A suburban Houston homeowner was cleared by a grand jury Monday for shooting to death two men he suspected of burglarizing his neighbor's home.

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, a retired grandfather, called 911 and told the dispatcher he had a shotgun and was going to kill them. 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 told reporters at the courthouse.

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 on Monday.

A large red sign with the words "No Trespass" on it blocked the path to his front door and a handwritten sign on the door said "Please no media" "No Trespassing" and "Do not knock or ring bell." A couple of neighbors also had signs on their doors asking media to leave them alone.

A few police cars patrolled the area near Horn's home.

Lambright reiterated to reporters that 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 two suspected burglars, 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 incident 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 use of deadly force did not rise to a criminal offense."

The city of Pasadena, where protesters and defenders of Horn engaged in counter-demonstrations, pledged to keep its police force staffed enough to protect its citizens.

"The obvious lessons that can be drawn from (the Horn case) 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," said the statement issued by city spokeswoman Jennifer Banks.

Magidson said nine of the 12 grand jurors would have had to vote in favor of an indictment in order for Horn to be charged.

Grand jurors had to consider two issues: the intentional killing of another person and whether the killing was justified either by self defense or the defense of property, Magidson said.

Horn testified before the grand jury for about 1½ hours last week, Lambright said.

Keith Hampton, a Houston attorney not connected with the case, said he didn't expect Horn to be indicted.

"This is a real conservative county," he said. "A lot of folks in Houston and Harris County are saying this man was doing a good thing."

In the 911 call, a dispatcher urges Horn to stay inside his house and not risk lives

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

"You wanna make a bet?" Horn answered. "I'm gonna kill 'em."

After the shooting, he redialed 911.

"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."

Lambright said the 911 call gave the public the wrong impression about Horn and what happened that day.

"It's a very sad thing that occurred," Lambright said of the shootings.

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 their 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.

[dmhphils]

Criminal justice should be justice for the criminal, and in this case, that is exactly what they got. It''s about time.

[jrg160]

Good, the criminals deserved it.

[dmhphils]

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 their neighbor''s property; for example, if a homeowner asks a neighbor to watch over his property while he''s out of town.

I wish this guy was my neighbor. This gives whole new meaning to "love your neighbor as yourself."

[cfin5]

I remember this story last year. Quite a rally for this man as I recall. I agree with the decision in his favor. He was within Texas law in his action. His neighbor gave him a verbal power of attorney charging him with the protection of his property. Wonder what the breaking and entering stats are for Houston since then? I bet the residents there have been somewhat relieved of burglaries lately. Crime does not pay

[dmhphils]

People in Texas are sick and tired of the criminals being protected and the victims have to suck it up and hope for the best.

If you plan to be a thief you better come dressed for the morgue, because somebody might open up a new window in your gullet.

[mshollywood4]

This guy shot those men in the back. Doesn''t that answer the question of whether he''s guilty or not? U do the math.

[devilstower]

This man did the right thing PERIOD! These people have no respect for the law I am talking about THIEVES in general white black green brown pink. I dont care they got what they deserved.

[solothinker]

In a civilized world, or reasonable part of it, the fact that he killed two men for bags of bobbles would have drawn a murder charge.

When the US resembles Iraq and these killings are a daily occurence then we get some laws with teeth.

Regards,

Look who posted this.
Posted by Nancy_Naive at 09:27 PM : Jun 30, 2008

Nancy Naive! That says it all.
You don''t have to be naive to realize that protecting your life or property is basic in the United States. If this is "Un-civilized" where you live. "Sucks to be you"

[aggiekat2004]

Thank God that these creeps were killed.

"People in Texas are sick and tired of the criminals being protected and the victims have to suck it up and hope for the best."

You said it. We are sick and tired of being the victims, and having the victims protected. If these guys would''ve been caught by the police, then they wouldn''t be unemployed anymore...because they''d be getting three square meals a day and cable TV.

Thank you, Mr. Horn, for saving taxpayer dollars! Way to GO!!!

[mrbrill]

I hope he also decides to kill any drivers who are driving while intoxicated. Those type of drivers would anyway end up killing innocent people. We have to strike them first.

While at it, I hope he takes his gun down to the local convenience store and blows away any kids who try to steal candy. Those kids would have grown up to be hardened criminals anyway.

I don''t know why we don''t return to the days of the wild west. I''m sure everything was much safer when everyone had guns and just shoot anyone who deserves it. Why complicate things with idiotic trials. It''s like the automatic death penalty for everyone. I''m sure this country would be a safer place if we would do this.

[aggiekat2004]

Come to think of it, I''d really like to have neighbors like Mr. Horn!

Move to Austin...we need more people who think like you do...not the liberal nuts that all live here!

[sandy19731]

Although he was apparently within his rights according to Texas law - it would make me a little nervous to think that my neighbors may be shooting to protect property. Sort of like that feeling you have about your neighbor''s "gentle and well-trained" pit bull. I do agree it should give criminals pause. Except that most criminals are so stupid I don''t think they will change their behavior.

This is the world we live in today.

[cbsblogger]

You do the crime, you pay the price.

All criminals doing criminal activity deserve what punishment they receive in the process and these criminal illegal immigrants who were burglarizing a home deserve exactly what they got.

[bhappy2-2]

Congratulations Joe! Not only did you stop two burglars from robbing your neighbor, you stopped two ILLEGAL ALIEN INVADERS from robbing ALL Americans! Thank you! Thank you! Thank you!

[ssm9451]

Whooppeee!! Way to go Mr. Horn.

[aggiekat2004]

Yeah, but a "gentle and well-trained pit bull" can be unpredictable. Your gun won''t do anything unless there''s a person behind it. Hopefully your neighbor is gentle and well-trained as well.

Besides, as we always say in Texas, the clicking action of a shotgun is enough to scare most people away. These guys apparently didn''t get the message.

I don''t like the idea of concealed handguns, but I think a shotgun is a rather effective deterrent.

Now, if only our legal system would actually punish criminals in a timely manner and become a deterrent in itself...CRIME MIGHT GO AWAY.

In other countries, you know that you''re going to get caught and punished. In America, the chance that you''re going to "get away with it" is very great.

[ringading3]

Hernando Riascos Torres was deported one time for a cocaine conviction, and he should have stayed in Columbia. Now he gets to go back home in a body bag. Enforce the borders!

[aggiekat2004]

Yeah, how the heck did he end up back in the US?

Wow...our borders are sooooooo secure.

[kaylag04]

It''s hard enough to do the right thing each day, without the constant worry that someone will like what you''ve earned and take it by guile or deadly force.
If a person chooses to make a living by taking the property of hard-working folks, he sould expect to be killed doing it - period.

[haoli25]

Hey, Hernando and Diego, WELOCOME to Texas Amnesty! Click one for English. lol

[apprxam]

As long as they are shooting criminals, in the act, then cool.

[adfolder]

YOOOOO JOOOOE !!!!!!!!

[huanaco]

HOW ABOUT A COUPLE OF SHOTS TO THE LEGS ?

[huanaco]

THE MOMENT HE SAID TO THE POLICE ANSWERING HIS CLAIM " I AM GOING TO KILL THEM " HE SHOULD BE INDICTED.

[downtowner97]

Justice served! I''m not saying everyone who commits a crime should be shot in the face, but it''s nice every once in a while just to make would-be criminals think.

[tmn]

These two will NEVER rob or terrorize again. Problem solved.

[apprxam]

I hate the fact that these geniuses have become a rallying cry of needed justice. You''d think that there were real issues to deal with, real problems to solves in Houston and elsewhere.

When Rosa Parks was arrested for sitting on a bus, her image as a citizen ignoring an unlawful-law gave legitimacy to the cause. These guys ain''t it and those using them as such are power-hungry idiots. The hell with those two and their supporters.

[haoli25]

Who would you rather have as a neighbor, Hernando, Diego, or Joe?? Ohhhhhhh, that''s a tough one....nice shooting Joe!

[andor3]

I think this man is in for a huge civil judgment... hard to defend what he did. maybe not criminal in texas, but certainly negligent and clearly wrongful death.

[cdfoxtrot]

This isn''t the Wild West and this person should at least have stood trial for murdering these two people. The very fact that he was able to discuss the whole thing in his 9-1-1 call as he was doing it, and the fact that he shot them in the back shows he shot them in cold blood.
Anyone who congratulates him for murdering these two thieves needs to think what kind of society he/she wants to live in. I know I never want to live in Texas. Nothing good comes out of it. That''s for sure.

[smurfcrusher]

Looks like Joe won his bet.

His premeditated act resulted in the intended outcome.

I''m sure both suspects were trying to moon Joe to death - that''s why both of them were shot in the back.

[ssm9451]

Whhooppeee!!! Way to go Mr Horn!!

[andor3]

"If a person chooses to make a living by taking the property of hard-working folks, he sould expect to be killed doing it "

No, but you are the biggest criminal of the lot if you believe theft deserves death.

[patriot12436]

mcbrill
urn off your computer and go to bed before mommy catches you up again. Oh and stop stealing candy at the corner store.

[patriot12436]

sandy
I would rather have this man asa neighbot than some pantywaist that will not protect his or my property. I worked hard for what i have as do my neighbors. I have no use for criminals who will not work for what they want.

[patriot12436]

bully
I agree with your statement. I have been in the situation and until you are you do not know what you will do.

[hbevis]

You can believe that I would have shot them. Someone said shoot them in the legs. When we go to the range every year, the target shows the body of a person. No legs showing. You shoot at the main body mass to stop someone. You cry babies that don''t want these people shot may have a hard lesson one day.

Last night about 12 midnight my son in law called me and said for me to turn on my outside lights and that someone was running around my house. They had pulled up in front of my house in a truck with the lights off and one of them was at the side of my house. If you liberal people think that I am going outside to try and arrest them and put them in handcuffs you have another thought coming. I am in the law enforcement business and I would have shot the person if they had tried to get into my house. To HE** with the liberal frame of mind. We had a young Deputy killed a few weeks ago by a man that they were just trying to pick up for a minor thing. The Deputy had 5 children and they will grow up without their DAD.

The young man that did the killing killed himself before the law could take him. That saved the state many thousands of dollars.

[apprxam]

These aren''t just thiefts. Peace was violated, lines crossed-in both sense of the term. The gentlemen in question, in broad daylight, imposed themselves, as all criminals do. How does one regain that sense of saftey, when at anytime, men like these,insist on preying on the settle, the quiet, the peaceful- (usually).

I only wish that tired and scared citizens of poor urban areas could do the same. But of course the liberal-nanny states don''t allow black and latino citizens the same lattitude to defend themselves, their property.

[erichsh]

Now that''s what I call gun control. Controlled use of a gun to take back control of one''s property and one''s neighborhood.

[patriot12436]

nacy naive
You insist in living down to your name.

[downtowner97]

This isn''''t the Wild West and this person should at least have stood trial for murdering these two people - cdfoxtrot

Our homes need to be sacred. Bad people need to know that if they break into someone''s house, they might die. The laws of the land were in place, and these guys knew exactly what the maximum penalty was when they decided to break into that home. Knowing the laws didn''t deter them. Now the maximum penalty for burglary is a little more scary.

[patriot12436]

nancy
Again i find race irrelevant in this case. If i had been on the jury i would have made it a hung jury before i would have voted to convict.

[patriot12436]

cfin5
Good point. If he had done nothing and the neighbor had been robbed would he have been open to a civil suit by his neighbor ? I think you will find burglaries in this neighbohood will reduce drastically for at least a while.

[haoli25]

Democracy is a couple of wolves and a single rabbitt discussing dinner plans. Justice is a well armed rabbitt!

[barbaraf4]

"The message we''re trying to send today is the criminal justice system works," Harris County District Attorney Kenneth Magidson told reporters at the courthouse.
~~~~~~~~~~~
I am all for freedom to own weapons; however, this man killed these two people in cold blood. That''s not to say that they weren''t guilty, but couldn''t he have shot them in the foot or something - just to keep them there until the police arrived?

[andor3]

"Bad people need to know that if they break into someone''''s house, they might die."

"Bad people"?! what do you think this is a fairy tale or a movie? No what this tells robbers is they need to be armed well and shoot at anything that moves or seems threatening, where before they might have only tried to take some stuff. If those robbers had been armed and on guard, this man would be pushing up daisies and the crime would be unsolved.

[bequialife]

to: huanaco - Why stop at the legs? Then they would be injured, be treated at OUR hospitals, we (including you)would have to pay the medical bills, then the ACLU would demand a lawsuit which means we (including you) would pay for that too! Are these two criminals worth all that? They both proved they cannot be productive citizens of this country: they entered illegally, one returned for a drug charge, now they are burglarizing homes? And you want to protect them? Then why didn''t you offer to bring them into your home, feed them, and tuck them in at night before they decided to burglarize? Haven''t illegal mexicans/central americans/south americans done enough bad to this country? This is only the beginning: you are going to see more heroes like this guy, Joe Horn!

[patriot12436]

cdfoxtrot
Come back and tell us how you feel after you have become a victim.

Last night about 12 midnight my son in law called me and said for me to turn on my outside lights and that someone was running around my house. They had pulled up in front of my house in a truck with the lights off and one of them was at the side of my house. If you liberal people think that I am going outside to try and arrest them and put them in handcuffs you have another thought coming. I am in the law enforcement business and I would have shot the person if they had tried to get into my house. To HE** with the liberal frame of mind. We had a young Deputy killed a few weeks ago by a man that they were just trying to pick up for a minor thing. The Deputy had 5 children and they will grow up without their DAD.

The young man that did the killing killed himself before the law could take him. That saved the state many thousands of dollars.



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Posted by hbevis at 10:41 PM : Jun 30, 2008

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It''s so very unfortunate that the people that commit those types of deadly crimes don''t make that LAST shot... FIRST!

[hbevis]

Wonder how it would have gone down had he been black?

Regards,

Posted by Nancy_Naive

I would say that in Texas the outcome would have been the same. People, the citizens of this country are sick and tired of people taking from them. And its going to get much worse. The price of fuel, of all kinds, is driving up the cost of everything. A lot of states have past laws much like Texas has. Two that comes to mind is Florida, and Tennessee. But there are many more states that have done the same thing.