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Texas man cleared of killing suspected burglars

By JUAN A. LOZANO – 2 hours ago

HOUSTON (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, 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 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.

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 Monday, and had a "No Trespass" sign blocking the path to the front door of his home.

Lambright said 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 men Horn killed, 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.


LOL

Two more that won't be sneaking back in.
 
I suppose the Grand Jury was from Pasadena. Quite a few years ago I met the State Senator for that area, Jerry Patterson, now the Water Commissioner for Tx I think. He was a nice enough bloke - ex USMC aviator, had some nice photos of Phantoms in his office - but he struck me as being way out there on the right of the GOP. He asked me if I knew one of his Aussie friends and named a loonie right winger who was back then in State politics but then entered Federal parliaments (and got the boot a couple of years ago). I knew of him of course but I hadn't been drinking so I didn't tell Jerry that I thought his mate was a raving wingnut.

Anyway, given that, I'm not surprised the Grand Jury, if it was from that area, refused to indict this bloke. But I wouldn't be cheering to much. The next one might decide to indict. Not that I know much about these things but I would think a Grand Jury decision is valid for that Grand Jury and another one might feel free to hand down an indictment or bill or whatever it is they do (we don't have grand juries).

Now, a question. Is it possible for the DA or State A-G to prefer an indictment ex officio?
 
This was a pretty sickening case, overall. They played the 911 tape endlessly on Fox; he certainly wasn't in a position where he had to shoot.

He basically decided that they deserved the death penalty for breaking & entering.
 
I love Texas, but WTF. This dude sounded like he was going hunting. He said on the 911 call "I'm going to kill them". How is that not murder.
He easily could has shot them in the leg. Still a crime but not murder.
 
This was a pretty sickening case, overall. They played the 911 tape endlessly on Fox; he certainly wasn't in a position where he had to shoot.

He basically decided that they deserved the death penalty for breaking & entering.

I never heard about this until now. I can’t believe he got off.
 
we had a wacko shoot a Japaneese kid at holloween claiming he was scared of the tricker treater and the freaks here let him off. It was a huge story in Japan.
 
"Horn's attorney, Tom Lambright, said his client was relieved by the grand jury's decision and never wanted to hurt anyone."

He said, "You move, you're dead," and then shot about 1 second after that.

This is a really bad precedent.
 
I just looked at this guy’s picture too. This is just awful. It was premeditated murder. And I think that there is a racial aspect to this. He killed two illegals in Texas. That’s why he got off. That’s what they want to do to illegals down there. I mean that.
 
I'm pleased with the decision.

To USTraitor and Crypiss: fuck you both. Would you have expected Horn to not defend himself? Liberals truly are deluded. Michael Savage is right: liberalism IS a mental disorder. You all can go choke on a sausage for all I care. You're barnacles on society.
 
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I'm pleased with the decision.

To USTraitor and Crypiss: fuck you both. Would you have expected Horn to not defend himself? Liberals truly are deluded. Michael Savage is right: liberalism IS a mental disorder.

Moron. Horn wasn't "defending himself." Read the case.

Idiot.

And I saw your previous post before you edited. Double idiot.
 
Moron. Horn wasn't "defending himself." Read the case.

Idiot.

And I saw your previous post before you edited. Double idiot.

Yes, he was. The two worthless illegals approached him, threatened him, and he shot them. When you fire in response to being threatened, that's self-defense. Get a clue.
 
that's why we need serious gun control. We got Charles Bronson grandkids all over the country hunting parking ticket violators to shoot.
 
that's why we need serious gun control. We got Charles Bronson grandkids all over the country hunting parking ticket violators to shoot.

Hey dumbass,

By definition, a criminal is one who breaks laws. INCLUDING GUN LAWS.

Thus, the ONLY result of gun laws is depriving law-abiding citizens of the right to defend themselves. Criminals will always buy their weapons off the street. You think a criminal will buy their gun from a shop, where it can be traced? You have the mind of a child.

I'm convinced liberals have a cranial defect.
 
Yes, he was. The two worthless illegals approached him, threatened him, and he shot them. When you fire in response to being threatened, that's self-defense. Get a clue.

shot in the back, they must have threatened to fart in his general direction ?
 
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