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Texan 'hero' shoots and kills burglars

Mattberkshire

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What do we think about this then? From today's Telegraph newspaper



Texan 'hero' shoots and kills burglars
By our foreign staff
Last Updated: 1:08pm GMT 30/11/2007



A Texas man has become a hero after he took it upon himself to shoot and kill two burglars who had broken into his neighbour's house.

Joe Horn called the police to report the burglary and then stepped outside and shot the burglars dead as they left the neighbour's house.

advertisementA recording of the call suggests Mr Horn, 61, was itching to kill the two burglars.

"Don't go outside the house," the 911 operator pleaded.

"You're going to get yourself shot if you go outside that house with a gun. I don't care what you think."

"You want to make a bet?" Horn answered.

"I'm going to kill them."

Admirers, including several of his neighbours, say Mr Horn is a hero for killing the burglars, protecting his neighbourhood and sending a message to would-be criminals. Critics call him a loose cannon. His attorney says Mr Horn just feared for his life.

Prosecuting Mr Horn could prove difficult in Texas, where few people sympathise with criminals and many have an almost religious belief in the right to self-defence.

The case could test the state's self-defence laws, which allow people to use deadly force in certain situations to protect themselves, their property and their neighbours' property.

Horn was home in Pasadena, about 15 miles southeast of Houston, on Nov 14 when he heard glass breaking, said his attorney, Tom Lambright.

He looked out the window and saw 38-year-old Miguel Antonio DeJesus and 30-year-old Diego Ortiz using a crowbar to break out the rest of the glass.

He grabbed a 12-gauge shotgun and called 911, the police emergency number, Lambright said. "Uh, I've got a shotgun," he told the dispatcher.

"Uh, do you want me to stop them?"

"Nope, don't do that," the dispatcher responded.

"Ain't no property worth shooting somebody over, OK?"

Horn and the dispatcher spoke for several minutes, during which Mr Horn pleaded with the dispatcher to send someone to catch the men and vowed not to let them escape.

Over and over, the dispatcher told him to stay inside.

Horn repeatedly said he couldn't.

When the men crawled back out the window carrying a bag, Mr Horn began to sound increasingly frantic.

"Well, here it goes, buddy," Mr Horn said as a shell clicked into the chamber.

"You hear the shotgun clicking, and I'm going."

A few seconds passed.

"Move," Horn can be heard saying on the tape. "You're dead."

Boom.

Click.

Boom.

Click.

Boom.

Mr Horn redialed 911 and told the dispatcher what he'd done. "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."

Mr Lambright said Mr Horn had intended to take a look around when he left his house and instead came face to face with the burglars, standing 10 to 12 feet from him in his yard.

Mr Horn is heavyset and middle-aged and would have been no match in a physical confrontation with the two men, who were young and strong, Lambright said.

So when one or both of them "made lunging movements," Mr Horn fired in self-defence, he said.

Family members of the two shooting victims have made few public statements.

Diamond Morgan, Ortiz's widow, who has an 8-month-old son with him, told Houston television station KTRK that she was stunned by Horn's statements on the 911 tape.

"It's horrible," she said. "He was so eager, so eager to shoot."

Texas law allows people to use deadly force to protect themselves if it is reasonable to believe they could otherwise be killed.

In some cases, people also can use deadly force to protect their neighbours' property; for example, if a homeowner asks a neighbour to watch over his property while he's out of town.

At issue is whether it was reasonable for Mr Horn to fear the men and whether his earlier threats on the 911 call showed he planned to kill them no matter what, said Fred C. Moss, who teaches criminal law at Southern Methodist University in Dallas.

 
I think the old man should be locked up and left to die in a stinking jail cell...there is no reason for him to kill two human beings and they posed absolutely NO threat to him. In fact it was he who put his own life at risk by going outside to confront them. The police are paid to do this job and he took it upon himself to act like a police officer and in my view acted totally irresponsibly.

Trigger happy is right!!!
 
I think it would've been justified if it was his house that was being burglarized, but, hey, two more burglars off the street.
 
Two guys and three booms? I thought Texans knew how to shoot.:p

I think this guy may well get hammered in court unless he can prove beyond doubt that he opened fire because his life was in danger....even then he'll probably still get hammered, as his actions were offensive, not defensive. Had he simply stayed where he was he would have been fine.
Once the two thieving scumbags are portrayed as "victims", John Horn will be toast, regardless of Texas' new deadly force laws.
 
Well, the shooting itself most likely will be justified, but Mr Horn created the deadly force incident. It may not be criminal in nature, but the family of the deceased (definatly not victims) have a solid civil case. Chances are if he would have hesitated, those guys would have been in his house in a few minutes.
 
Well thats kind of a mess. On one hand, I like dead goblins. On the other hand he shouldnt of called 911 first, that looks bad.

Now IF IF I remember correctly TX has a cool law. Criminal trespass or mischiff after dark can be met with deadly force. Which is as it should be. I am 100% all for dead goblins. People that break into houses and rob them, are the same people that break into houses and rob them, raping and killing the people that live there.

Ask any criminal the most effective method to prevent breaking and entering, rape, car jacking, almost any crime, and the answer is A ARMED VICTIM.
Its hard to rape someone with a large sucking chest wound.
Its hard to rob a house with ounce of buckshot in your chest.

The police can not protect you or your family. They respond when they are called. If rapists or robbers called ambulances for thier victims I would be inclined to call one for them. As it stands if they break in here and I catch them, after they are shot, I will call the sheriff on a non emergency line, and allow him to make the decision to call a ambulance when they get here. Screw them.

Here in my town robbers burned one lady to death so she couldnt identify them. No the complete and total hell with them.
 
Yes here you go.
The guy will be in no trouble at all, since they were on his property.

"Texas has some very interesting rules concerning the use of deadly force. Some people are a bit confused as to what the general philosophy behind them is.

1. During the day, you may only shoot if your life (or someone else's) is being threatened (home invasions are assumed to be life threatening), or to stop a felon from fleeing after committing a crime (or with your property - hence the TV/appliance comment). Other than that, we are supposed to merely stand by and be good witnesses. This comes from the time when Texas was very sparsely populated and everyone knew most everyone else - law enforcement could track down someone if given a good description.

2. At night, things change. You can shoot to stop a trespasser on your property (for no other reason than they were trespassing), you can shoot a vandal, burglar, robber, etc., or someone *about* to commit such a crime or "other criminal mischief during the night". The idea here is that, well, it's dark, and you probably won't get a good enough look at the perp to be able to give the police a good description - so you're "allowed" to handle the problem on your own.

3. It's all but a free-fire zone during a natural disaster/civil unrest period. There are some restrictions and conditions, but assuming civil order is no longer in force and certain declarations have been made by the governor, you suddenly have a much larger "valid target" list.

Looters can be shot on sight, for example. Period."


It is as it shoud be.
 
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Oh and the whole thing in the article is a misdirection. The law was recently clarified what had been case law for a very very long time. There were prosecuting attorneys that were pushing that this wasnt legal so the state congress and senate made sure it was very clear.

Killing goblins is cool in TX, its cool in KY, its cool in TN, its cool in most rural states. Its not cool in NY, NJ, IL, Washington DC, and a bunch of metropoliton states and areas. The criminals get off enough, and are strong enough to pass laws protecting them selves. I am sorry to say it, but it has happened in England.
 
no problem killing goblins in FL either....

a few years ago a guy shot a burglar as he was leaving his house....

15 times .... mostly in the back (KILLED him)

it was a 22 pump with shorts...

aquitted... no problem

I heard off the record they told him a bigger calibur gun would be more effective
 
Oh and I just found this.

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NOT ONE not even one study can show where gun control laws result in lowered violent crime. In fact almost all point to increases.
 
It really depresses me. In the states you get open roads and the right to defend yourself. Here we have a namby pamby controlling state. The equivalent case in the UK is that of Tony Martin. The story:

On 20 August 1999 two burglars, both gipsies, broke into the farmhouse of farmer Tony Martin at night. Martin was a loner who lived in rural Norfolk. Martin heard them, woke up and shot them both whilst in his house. One of the burglars was killed, the other injured.

Tony Martin was sentenced to life for murder. He served 3 years after a successful appeal which reduced the crime to manslaughter.
The surviving burglar did 2 years for burglary.

The surviving burglar also sued Tony Martin successfully for $5000 for loss of earnings.

The surviving burglar has since done time for drug dealing (heroin), car theft and theft.

Tony Martin has not recieved any help from anyone.

Amazing:eek::eek::eek::rant::rant::banghead:
 
I think you guys get Prefered status when you want to emigrate to TX. I think anyone from the UK that wants to move here gets right in. P.S. TX has some of the most beautiful women I have ever met in my life. I have only been to the Sabine forrest, and Houston, but DAMN there are nice looking and just nice acting ladies there.
 
Here's the you tube of it

[nomedia]http://uk.youtube.com/watch?v=_7jqLie6-Y0[/nomedia]

6:55 is best. "You're dead!" The police should have been in uniform and identified themselves and stopped the crims. That's it.
 
every state should have the same laws!!! do you really think there would be so much crime if criminals knew they'd get blown away if they even set foot on property that didn't belong to them? any disadvantage you can give a criminal I support!!!

P.S. I think the third shot was just for good measure!!! remember dead men don't talk. I once was told by a cop if someone breaks in your house and you shoot them make sure you kill them, if they happen to be in your doorway and fall outside drag them back inside your house.:thumbup::thumbup: that rocks!!!:rockon:
 
Our "self-defense" laws in Canada are very vague and confusing, particularly if you're the Good Guy.
Our guns must be trigger-locked and locked in a safe at all times while they are in our homes, unless they are being cleaned.
I clean my Remington 870 a lot. :D
 
Remington 870 rock. We had sawed off, folding stocked 870s on the submarine. I loved those things.
 
Colorado has a "Make My Day Law"....just what you think it is & a liquor store owner here just killed a guy who was robbing him! Quite a 'grey' area in my book. :(
 
Here is a nice article by Bob Weir. The people that break into homes are the same people that kill, and rape.



By Bob Weir


[FONT=times new roman,times]When I think about the Houston area resident who shot and killed 2 men after they burglarized his neighbor's home, I have mixed emotions. On the one hand, I want to praise him for having the courage to risk his life to stop the criminals from escaping. On the other hand, I wish he could have done so without killing them.

Most law-abiding people, me included, have an immediate visceral reaction to an incident like that. My first thought was, good, they got what they deserved. I suppose anyone who has ever been a victim of burglary would have some bitterness toward those who would dare invade the sanctity of a home.

Although it hasn't happened to me, I've seen the tragic results of home invasions and I know how devastating they can be. Burglars are generally thought of as passive criminals because their modus operandi is to break into unoccupied homes, steal valuables and leave without encountering anyone.

That may be the profile, but it's not the reality. Burglars are opportunists! Yes, they may plan to commit their larcenous deeds surreptitiously, but God help the unsuspecting resident who might be sleeping or sitting quietly in a home that is targeted for a break-in.
[/FONT]

[FONT=times new roman,times]Keep in mind; anyone daring enough to force their way into a home, especially at night, is capable of anything. My experience with these nocturnal interlopers has made me conclude that they are among the lowest forms of life. Sleeping families have been abruptly awakened in the middle of the night by masked thugs with weapons. Women and children have been sexually assaulted and often murdered by these cretins as a desperate afterthought, merely to eliminate witnesses.

Then, there are burglars who, having filled their sacks with valuables, destroy the interior of the home in a vicious display of hostility toward anything resembling normalcy. They are notorious for slashing furniture, smashing lamps, vases, etc. and, as a final gesture of their contempt for propriety, defecating and urinating on rugs, drapes, sofas and other symbols of civilization. I've seen families reduced to hysterical screaming and sobbing when they arrived home to see the remains of what used to be their warm, pristine slice of paradise.
[/FONT]


[FONT=times new roman,times]It's axiomatic that the bad guys get off on hurting good people. Yet, once in a while, justice prevails. My partner and I raced to a home in a quiet area of Queens because neighbors heard blood-curdling screams. When we arrived, we found a scarlet trail of liquid coming from a side door that was badly damaged, but closed. Inside, we found a Doberman Pinscher ready to attack again.

After summoning the owner and having him put the dog away, we discovered what looked like a slaughterhouse in the kitchen of the small ranch. Investigation revealed that an invader broke in and was surprised by the canine resident whose job it was to substitute for a burglar alarm. A deadly battle ensued, leaving blood spattered on walls, chairs, a refrigerator and the inside of the broken portal. The dog was still viciously ripping apart a sleeve that had been torn off the hapless interloper.

A quick check of the local emergency rooms turned up our severely lacerated fugitive. He looked like a patchwork quilt by the time they finished stitching his numerous wounds. One would think he'd have taken up another line of work. On the contrary, it was less than a year later that he graduated from burglary to murder when he came across an elderly woman living alone only a few blocks away from his life and death struggle with the Doberman.
[/FONT]


[FONT=times new roman,times]Therefore, when we think about the guy who killed 2 men leaving the house next door, sacks filled with loot over their shoulders, we might ask ourselves if we would have behaved similarly. Certainly it would have been easier for the man to get a description and pass it on to the police when they arrived. However, burglaries are one of the least solved crimes on the books. Chances are, if those guys got away they would never be charged with that crime. Furthermore, they would have continued their despicable pursuits, perhaps leaving a long trail of victims in their wake.

We'll never know if that Houston area man saved future lives because he refused to sit by and watch his neighbors home being violated. Hence, we're left with a dilemma; should we be our brother's keeper, or should we merely protect our own home and turn a blind eye to the security of those around us? The recently passed Texas law known as the "Castle Doctrine" allows us to use whatever means necessary to protect our own home. Maybe it doesn't go far enough. We should all be concerned with the security in our neighborhoods because the lowlife, who's breaking in next door today, may be breaking into our homes tomorrow.
[/FONT]


[FONT=times new roman,times]Bob Weir is a former detective sergeant in the New York City Police Department. He is the executive editor of The News Connection in Highland Village, Texas.[/FONT]
 
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