Ouch not looking good for Joe. If nothing else this possibly opens him up to a civil suit. I won't go into how I feel about it as I've allready done that but the more facts come out the more it looks to me like he just should have stayed inside.
http://www.myfoxhouston.com/myfox/pages ... geId=3.2.1
HOUSTON -- The state senator who wrote Texas' Castle Doctrine said Monday that he does not think the case of a Pasadena homeowner killing two men he believed to be burglarizing a neighbor's home falls under the law's provisions.
Republic Sen. Jeff Wentworth, of San Antonio, authored the bill, which protects citizens from prosecution when they use deadly force if they are inside their homes or cars.
Pasadena homeowner Joe Horn killed the two burglary suspects -- identified as Hernando Torres (also known as Miguel Antonio DeJesus), 38, and Diego Ortiz, 30 -- on Nov. 14 as he watched them break into his next-door neighbor's home.
"I don't believe under the facts that I understand about (this) case, and I don't know all the facts ... it doesn't appear to me that (the Castle Doctrine) would apply to (this) case," Wentworth said during an interview Monday on FOX 26 Morning News.
The senator said he thinks there may be other provisions in state law that will be considered by the Harris County district attorney and grand jury.
Wentworth said the Castle Doctrine is designed to do three things:
* Designed to create a presumption that anyone who breaks into your house, your motor vehicle or your place of business is intending to cause serious bodily injury or death so that you can use whatever force you feel is necessary.
* Gives the property owner the absolute right to stand and defend yourself and property, and use whatever force you feel is necessary.
* Provides civil ammunity from a lawsuit by the criminal attacker and his or her family if they decide to file a civil lawsuit.
Family and friends of the slain burglary suspects called for justice again Sunday night. Horn confronted the suspects in his yard after he saw them leaving a neighbor's property. An autopsy showed the men were shot in the back.
"I told you guys that one the first day of the press conference. It's no surprise to me. The thing that bothers me is why (Horn) is not in jail. That's a big issue for me," Stephanie Storey, who was engaged to one of the men killed, said during a news conference Sunday.
Police now say that a plain-clothes officer witnessed the shooting.
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Return to “Elderly man fatally shoots 2 reported burglars--NEWS FLASH!!”
- Tue Dec 11, 2007 12:51 pm
- Forum: General Texas CHL Discussion
- Topic: Elderly man fatally shoots 2 reported burglars--NEWS FLASH!!
- Replies: 241
- Views: 38870
- Fri Dec 07, 2007 7:25 am
- Forum: General Texas CHL Discussion
- Topic: Elderly man fatally shoots 2 reported burglars--NEWS FLASH!!
- Replies: 241
- Views: 38870
Fair enough I respect your opinion. Actually I've been burglarized before. It sucks. The way I see it though was partially my fault I had an alarm and didnt set it that day. Pretty sure it was neighborhood kids as all they stole was a bunch of video games and things like that. Was I mad enough to shoot somebody? Honestly probably, but cooler heads prevailed for me personally it wasn't worth it for a few hundred dollars worth of stuff. Unfortunately I never got any of my stuff back. Fortunately my firearms were locked away and they didn't get those. The worst thing about being burglarized honestly isn't the loss of "stuff" but the feeling of having your home violated. In that sense I can understand why he became so upset even with it being a neighbor. You have a good point in that you really don't know what you would do unless you are in that situation. I'm just of the opinion I have a obligation to take care of my family first and I can't do that if I'm shot by some burglar trying to steal the neighbors stuff. Rationally I think this but in the heat of the moment who knows. Don't get me wrong I hope he is cleared I just don't know if it was worth all the trouble. I guess we will find out in the end.
- Thu Dec 06, 2007 7:20 am
- Forum: General Texas CHL Discussion
- Topic: Elderly man fatally shoots 2 reported burglars--NEWS FLASH!!
- Replies: 241
- Views: 38870
I will concede that much but his actions in this case werent very bright.Walker wrote:I wouldn't call Mr. Horn a stupid man. He's a computer consultant, which testifies to a fair amount of brains, and he seems to be an otherwise level-headed family type guy.
Anybody that can read or download an audio file knows the Joe Horm made some mistakes that day. He was emotional and not guarded in his words - we all know that.
I'll pass thats all I need is some vigilante neighbors shooting up my neighborhood putting my kids at risk. Once again leave it to the trained professionals. If you have to defend yourself thats one thing but I certainly dont want armed vigilantes running around putting us all at risk. Its just a matter of time before a well intentioned neighbor kills some innocents. Bullets don't discriminate and any time you start shooting in a populated area you are taking a risk. Besides that don't make it sound like we have some responsibility to protect the entire community. They have the ability to arm themselves just as we do. I'm no police officer or soldier I arm myself to protect me and my own. If you don't do the same thats your problem and I dont feel bad at all about. Lay that guilt trip on someone else.Walker wrote:Why confront two potentially armed bad guys for someone you don't even know when the police are on the way who could have been amped up on speed? Why take that chance?
Because some men will stand up and protect their community when others won't.
[quote="Walker"I'll warrant that it will be some time before thieves and burglars venture back into that neighborhood.
Joe Horn made a point that day about taking a crowbar to someone's windows or doors in these parts. A point that a lot of us won't forget, both amongst criminals and their potenial victims too.[/quote]
Perhaps or next time they will be sure to be armed. The next trigger finger happy neighbor that tries this might not walk away from it. It's just not worth it. Not to mention if these thugs were indeed part of a bigger crime syndicate he likely put his whole family at risk. I doubt he will be able to continue living in that house. Is it worth potentially squandering all your retirement savings to defend yourself in court and uprooting your family and everything you know to defend a strangers property? Not in my book I have to much to lose in a situation like this. On the other hand were someones life in immediate danger and there was no time to call for help that would be a different situation all together. In this case though it just wasn't a smart thing to do. I'm not saying the guys didnt deserve what they got were it the owner of the property who shot them nobody would give it a second thought. I'd rather not have armed neighbors patrolling my property though they don't know whats going on and it potentially puts me at more risk than anything. I can defend my own property just fine.
- Wed Dec 05, 2007 8:02 pm
- Forum: General Texas CHL Discussion
- Topic: Elderly man fatally shoots 2 reported burglars--NEWS FLASH!!
- Replies: 241
- Views: 38870
Joe Horns only crime is being stupid. Learn from his mistakes. First off say as little as possible to the dispatcher. Give them pertinent information and thats it. There were several times throughout the conversation where it sounded like he was intent on shooting them. If he was going outside they were going to die. Point blank. Ultimately I think the audio is what will sink him.
Second with the police on the way not the best idea to be running around with a weapon. The guy is lucky he didn't get shot himself by the police. Why put yourself in a potentially deadly situation for a neighbor you don't even know. He says on the tape he doesn't know them but knows the neighbors on the other side. There goes his defense of they asked me to house sit or anything along those lines. Why confront two potentially armed bad guys for someone you don't even know when the police are on the way. They could have been amped up on speed or something and not been stopped so easily. Why take that chance. Get a good description note which way they go and pass the info on to the dispatcher. It just wasn't the brightest thing to do. I'm not saying he was wrong I hope it makes other burglars think twice before stealing from hard working people. I do think however he is screwed I don't see him getting off without any charges. Even if he does one of the guys had a wife and child he will get raped in civil court. Was it really worth the trouble? I know this sounds bad but I arm myself to protect myself and my family. The way I see it it's up to you to do the same for yours. Maybe thats a bad attitude to have but at the end of the day I want to make it home to my family. I'll leave the heroics to the professionals.
As for Quanell X he is just a media hog. He wants attention anyway he can get it. I mean the black panthers preaching to leave your safety in the hands of the police? Is this some bizzaro world? Doesn't at all fit into the ideology of the black panthers. They also preached to arm yourself and rely on yourself for your own safety first. He is a total hypocrate. Not to mention a con man and a crook himself. He makes me sick. This whole situation could have been avoided if he would have just stayed in the house. Oh well more power to Mr Horn I hope it all works out for him but its a heap more trouble than I'd want to place myself into.
Second with the police on the way not the best idea to be running around with a weapon. The guy is lucky he didn't get shot himself by the police. Why put yourself in a potentially deadly situation for a neighbor you don't even know. He says on the tape he doesn't know them but knows the neighbors on the other side. There goes his defense of they asked me to house sit or anything along those lines. Why confront two potentially armed bad guys for someone you don't even know when the police are on the way. They could have been amped up on speed or something and not been stopped so easily. Why take that chance. Get a good description note which way they go and pass the info on to the dispatcher. It just wasn't the brightest thing to do. I'm not saying he was wrong I hope it makes other burglars think twice before stealing from hard working people. I do think however he is screwed I don't see him getting off without any charges. Even if he does one of the guys had a wife and child he will get raped in civil court. Was it really worth the trouble? I know this sounds bad but I arm myself to protect myself and my family. The way I see it it's up to you to do the same for yours. Maybe thats a bad attitude to have but at the end of the day I want to make it home to my family. I'll leave the heroics to the professionals.
As for Quanell X he is just a media hog. He wants attention anyway he can get it. I mean the black panthers preaching to leave your safety in the hands of the police? Is this some bizzaro world? Doesn't at all fit into the ideology of the black panthers. They also preached to arm yourself and rely on yourself for your own safety first. He is a total hypocrate. Not to mention a con man and a crook himself. He makes me sick. This whole situation could have been avoided if he would have just stayed in the house. Oh well more power to Mr Horn I hope it all works out for him but its a heap more trouble than I'd want to place myself into.