CTV News | Texas man cleared in killing of suspected robbers

World -   

Texas man cleared in killing of suspected robbers

Viewer

CTV News Video

CTV News: Joy Malbon on the Texan ruling

Font-size:      Share  Print  Comments(29)

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

Comments are now closed for this story

Abdul
said

Good for him. Im from the country and my neighbour shot a man when he broke into his shed trying to steal his property. likewise he got away it. Police cant always protect and every citizen has a right to stand up for the law.


Todd in Saskatoon
said

If the two robbers had not done what they did, they would still be alive today.



Homer
said

Too bad this doesn't deter other scumbags who rob people.


baddogbob
said

Sounds like a no-brainer. You live by the sword. You die by the sword.


Paul_MTL
said

"You wanna make a bet? I'm going to kill them," Horn responded.

"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

Joe Horn did what our Legal System cannot do, and that's protect us from criminals. These two were "illegal" immigrants perpetrating "criminal" activity in OUR Country. He told them to stop and they continued - and they paid the price for their actions! I read some saying that these two idiots were here for a better life for themselves and their Families. Oh yeah, they entered our Country illegally to steal from law abiding citizens to enjoy a better life. They got free lead instead!

Thanks again Joe!


Lindsey
said

I live in California and know that if this happened to me, the result would have been murder 1!!
Glad to see we still live in AMERICA!!



Rodney
said

Judging by the comments, it's easy to see why a high school education doesn't necessarily equate to making sound pronouncements about a situation. When did death become equated with stealing. No mention of whether these guys had weapons. Thank god the clerk at Woolco didn't blow my head off when I was seven the time I stole that peice of gum. I should be thankful for being alive.


Fearful of right wing fascists
said

Regardless no life is worth taking over material goods, and those who think so are truly a disqusting breed.



said

Good for him. perhaps some thief will think twice next time. At the very least perhaps the next time a thief is challenged they'll just give up.

Its about time the criminals were the ones who were afraid, not the citizens.


Lane
said

The limp wristed left in this country hve been playing hug the bad guy law in this country for so long the criminals know they have nothing to fear.If this happened in Canada a few times they might think twice before breaking into a house and stealing the things a hard working tax payer had bought and paid for and was silly enough to believe the police who are just as frustated with our catch and release legal system would protect.Lane


Mark
said

What a racist country we live in. We are indeed our own worst enemy and will be the cause of our own demise.


TNB
said

Thank GOD for people like Joe.


Hmmm
said

No, what will happen is the next time they'll come armed and guess who'll die then. Of course if they had lived and went to prison they would likely learn the same thing.


Buba
said

Sounds more like an execution than self-defence.


george
said

Hey we give murders the order of Canada.

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

When people clearly break into your home and you don't want to get robbed or mugged you have no other choice but to defend yourself. If you are outnumbered you have much fewer options on how much force you have to use.

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

Tough call, the man was set free

To those who disagree... you obviously haven't been robbed, beaten or raped.


Norm
said

Police said both were shot in the back.

"I had no choice," he said, voice shaking. "They came in the front yard with me, man. I had no choice.


andy
said

Just because you see someone committing a crime, doesn't mean you can just shoot him!! They weren't endangering anyone's lives. That's something Dubya would do, shoot first, ask questions later.


Ryan
said

to fearful of right wing fascists...

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

That old man had good eyes, he saw they were latin and that's the real reason he died. I guess jail time wouldn't have been enough, but i guess less of us is better RIGHT?


Kai Wolf
said

Better to be judged by 12 than carried by 6. It is because of the indulgence of the liberal left that criminals like this feel safe enough to commit these crimes.

Thank you Joe for making the world that much better.


Anglo Saxon 1
said

Re: Rodney

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

No loss to society. They're obviously not going to do it again. They don't get any pity from me.


PB
said

I have little pity for anyone caught in the act of criminal activity. Maybe people think twice if this is the risks they take when breaking and entering.


PAPA
said

If you want stop our coddled criminals this is the way. We need more people like Joe. It is time to let the scumbags know we have had enough ! To many left wing idiots like the Mayor of Toronto who refuse to admit WHO the criminals are ! Joe is a hero not a racist.


Webstir
said

Maybe someday when we are allowed private property rights,we here in Canada can be allowed by law to defend what we have too.

God bless Texas and the NRA !


Paul
said

The one thing Joe Horn did right was call 911. Sure, the police response is not always timely, but lives would have been spared. Horn could have given a good description of the men to have them pursued by the police. Furthermore, once he decided to shoot them, there was no need to kill. He could have shot them in the legs to prevent their escape. We also need to ask why these unemployed immigrants felt compelled to commit robbery.


Share with your social Network:

 

Advertisement

Contest

User Tools

About the tools

Need to get in touch with CTV? You can email the CTV web team using the 'Feedback' button.

Share it with your network of friends

Share this CTV article or feature with your friends. Click on the icon for your favourite social networking or messaging system, and follow the prompts.

Share this article with Facebook

Share this article with Digg

Share this article with Newsvine

Share this article with delicious

Share this article.
Send Email

Share this article with Twitter

Share this article with StumbleUpon

Share this article with Reddit

Share this article with Yahoo! Buzz