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Texas man cleared in killing of suspected robbers
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CTV.ca News Staff
Date: Tue. Jul. 1 2008 10:37 PM ET
A Texas town can't decide if it should praise or vilify Joe Horn, a 62-year-old grandfather who shot and killed two men suspected of burglarizing his neighbour's home.
On Monday, a grand jury cleared the Pasadena man of any wrongdoing in the deaths of the two illegal immigrants.
The two suspected burglars, Hernando Riascos Torres, 38, and Diego Ortiz, 30, were unemployed illegal immigrants from Colombia. Police said both were shot in the back.
A series of protests and counter-protests took place in the town, as the killings exacerbated tense southern issues such as race, gun rights and immigration.
Many were surprised that Horn wasn't charged considering the evidence against him.
"That's amazing that they would no-bill him with so much evidence against him," Frank Ortiz, a member of the United Latin American Citizens told the Houston Chronicle Monday. "This was no more than a vigilante."
Last year on Nov. 11, Horn called 911 to report that he saw two men entering his neighbours window. The operator told Horn not to confront them, but he would not listen.
"You're going to get yourself shot if you go outside with that gun," the operator said.
"You wanna make a bet? I'm going to kill them," Horn responded.
A few minutes later Horn made good on his threat, killing both men with a shotgun.
After the shooting, he redialled 911.
"I had no choice," he said, voice shaking. "They came in the front yard with me, man. I had no choice. Get somebody over here quick."
But after listening to the evidence and Horn's testimony, the jury cleared him.
"He wasn't acting like a vigilante. He didn't want to do it," Tom Lambright, Horn's attorney, said.
He said Horn was a scared retiree who was trying to defend his neighbour's property and when the two men came onto his yard, Horn defended himself.
"He was scared. He was in fear of his life," Lambright said.
Grand jurors had two issues to consider in the case: the intentional killing of a person and whether the killing was justified by self-defence or the defence of property.
"I understand the concerns of some in the community regarding Mr. Horn's conduct," Harris County District Attorney Kenneth Magidson told reporters. "The grand jury concluded that Mr. Horn's use of deadly force did not rise to a criminal offense."
Texas law allows a person to use deadly force in limited circumstances to defend a neighbour's property, such as when a neighbour asks another to watch over his property while out of town. But it's not clear if Horn's neighbour had done so.
Horn did not speak with reporters Monday. A large sign saying "No Trepass" blocked the path to his door, and a handwritten sign on the door said, "Please no media."
Horn does not live there anymore, after he received death threats. His lawyer says that Horn wishes he did not pull the trigger now.
The case is seen as yet another victory for gun owners as the U.S. Supreme Court struck down Washington, D.C.'s handgun ban. More challenges to gun laws are expected across the country.
With a report from CTV's Joy Malbon and The Associated Press
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.


Comments are now closed for this story
Abdul
said
Todd in Saskatoon
said
Homer
said
baddogbob
said
Paul_MTL
said
"He wasn't acting like a vigilante. He didn't want to do it," Tom Lambright, Horn's attorney, said.
So, he did not want to do it, right?
Jeffrey Smythe
said
Thanks again Joe!
Lindsey
said
Glad to see we still live in AMERICA!!
Rodney
said
Fearful of right wing fascists
said
said
Its about time the criminals were the ones who were afraid, not the citizens.
Lane
said
Mark
said
TNB
said
Hmmm
said
Buba
said
george
said
Glad a defender in texas got off. God bless texas I love that state It is probably the only true republic state left.
Michael
said
This man was in his 60s and alone. I would give him the benefit of the doubt. The people who berate him are the ones who are giving cause for the real vigilantes who are threatening his life.
What a stupid world we live in when people defend thieves and cause an honest man to live in fear just because he defended his rights.
If this man had given in to the thieves he would now be living in fear of being robbed. He had a right to choose not to do that.
Mike R
said
To those who disagree... you obviously haven't been robbed, beaten or raped.
Norm
said
"I had no choice," he said, voice shaking. "They came in the front yard with me, man. I had no choice.
andy
said
Ryan
said
umm your a city boy im sure. im guessing you have no idea of old country culture. we all have shotguns.. they are for deer, but theyre also our self defence as cops usually cant make it out to boonyville as quick as they can to a crime scene in an urban area. its our culture. leave us alone. we arent fascists. were farmers
case
said
Kai Wolf
said
Thank you Joe for making the world that much better.
Anglo Saxon 1
said
I don't know what assinine point you were trying to make, and I really don't care. If you don't know the difference between a seven year old kid and two grown men, I dread the thought you may be in any position of responsibility some day. If you are in an institution of higher learning, do everyone a favor and stay there, hopefully for the rest of your life.
I want to offer another scenario, if these two thieves had in someway killed Mr. Horn, this would not even have been a story in the Drive-by Media. How many innocent people are killed by criminals everyday and it doesn't make national or international headlines?
To Mr. Horn and all others like him in the Land of the Free and the Home of the Brave. Rock on!!
A victim of crime!
said
PB
said
PAPA
said
Webstir
said
God bless Texas and the NRA !
Paul
said