Dramatic 911 call from right before shooting released (Audio at link)

KTRK ^ | 11/15/07 | KTRK

[tlb]

PASADENA, TX) - A dramatic 911 call from the Pasadena man who allegedly shot and killed two men accused of burglarizing his neighbor has been released. The dispatcher tried to talk him out of it.

At about 2pm Wednesday, Joe Horn called 911 from inside his Pasadena home. He says he saw two men break into his neighbor's house. Horn tells police that he is armed with a shotgun.

"Hurry up, man. Catch these guys, will ya? I ain't gonna let them go, I'm gonna be honest with ya," said Horn on the 911 call. "I'm not gonna let them go. I'm not gonna let them get away with this (expletive)."

Horn and the dispatcher spent more than seven minutes on the phone, much of that with the dispatcher trying to convince Horn not to go outside.

"I'm gonna shoot, I'm gonna shoot," said Horn.

"Stay inside the house and don't go out there, OK?" responded the dispatcher. "It's not worth shooting someone over this."

"I don't want to, but if I go out there to see what the hell is going on, what choice do I have?" said Horn.

"I don't want you to go out there. I asked if you could see anything out there," said the dispatcher.

Horn tells the dispatcher that he understands his rights and even makes reference to the September 1 expansion that gives homeowners greater protection from prosecution should they choose to confront someone breaking into their home.

Before he can be convinced otherwise, Horn tells police he sees the burglars coming out of his house.

"He's coming out of the window right now," said Horn to the 911 dispatcher. "I gotta go, buddy. I'm sorry, but he's coming out the window."

"Don't, don't , don't go out the door. Mr. Horn? Mr. Horn?" said the dispatcher.

"(Expletive), they just stole something," said Horn to the dispatcher. "I'm sorry. I ain't gonna let them get away with this. They got a bag of something. I'm doing it."

The dispatcher can't stop Horn, who takes the phone with him as he goes outside.

"Move, you're dead," Horn, who took the phone outside with him, could be heard saying to the suspects.

Then three gunshots could be heard.

Horn admits later on the 911 call that he did, in fact, fire those shots. The names of the two men shot have not yet been released pending identification and notification of their next of kin. Horn has not been arrested or charged with any crime. A police investigation is still underway. This case likely will end up in the hands of a Harris County grand jury.

[tlb]

Not the run of the mill homeowner kills burglar story. He went outside after them when 911 had told him to stay put. No life was threatened when he acted, but on the positive side that town has two fewer burglars. It will be interesting to see how this plays out.

Moral, don't take a television set to a gunfight.

[supercat]

“There are four kinds of Homicide: felonious, excusable, justifiable, and praiseworthy.” — Ambrose Gwinett Bierce

[phrogphlyer]

Does it have to be justifiable to be praiseworthy?

[HuntsvilleTxVeteran]

Over seven minutes didn’t give the police time enough to get there?

Pasadena police used to be faster and meaner.

[beaversmom]

Oh well, the hazards of home invasion in the U.S. I will say this—Mr. Horn has got some big, brass ones. I wouldn’t want to mess with him.

[FreedomCalls]

He went outside after them when 911 had told him to stay put. No life was threatened when he acted

It doesn't matter that his life was not threatened. In Texas you are fully justified in the use of deadly force to protect your property from theft in the night and you can also use deadly force to protect someone else's proptery from theft in the night.

From the Texas Penal Code concerning the use of deadly force to protect property:

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:

(1) if he would be justified in using force against the other under Section 9.41; and

(2) when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.

§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible, movable property

[beaversmom]

Mr. Horn mentions that they were doing this in the “broad daylight”. Do you know how this affects it?

[chuckles]

I’m about as second amendment as you can get, but this could be bad because it was daylight and the cop told him not to go outside. You can do almost anything you want if it’s dark in Texas. The homeowner wants to say the guy came in his yard so he had to do it, but the cop will say he shouldn’t have confronted him in the first place. I would acquit if I was on the jury, but I can’t be on all of them. These days, he could be in big trouble.( even in Texas)

[Thumper1960]

Mr. Horn did the right thing. Any burglar who’d be brazen enough to act in his criminal manner in “broad daylight” is one who hasn’t any fear of repercussions.

[beaversmom]

I’m just asking as far as legality goes. I’d hate to see Mr. Horn have to do time over this.

[Thumper1960]

I refer you to post #6.

[beaversmom]

Well the poster specifically mentioned it applying to night time so that’s why I was a little confused.

[Proud_texan]

The article says 2pm but it'll depend almost entirely on the DA. Regardless of the time of day/night if the DA is a Ronnie Earle type he could be in for a legal grind even if the jury eventually lets him off (as many juries do in Texas).

Or if the DA understands the world it'll go before the grand jury and no further.

[RhoTheta]

Ping

[SWAMPSNIPER]

Well, he told them not to move!

[austrian]

Well, he told them not to move!

---

Correct but he fired instantly so i suggest that he wanted
to kill those burglars anyway.

[SWAMPSNIPER]

Wasn’t there, can’t say, but they probably moved.

[668 - Neighbor of the Beast]

He did the wrong thing: discussing the shooting with the 911 operator beforehand. Almost certainly every syllable admissible in court. Laws don’t count like they used to, it will be up to a prosecutor, a judge, and a jury. He’ll be made to suffer.
Right thing would have been to clam up. (And go hunting.)

[raybbr]

Gale: All right, ya hayseeds, it's a stick-up. Everybody freeze. Everybody down on the ground.
Feisty Hayseed: Well, which is it, young feller? You want I should freeze or get down on the ground? Mean to say, if'n I freeze, I can't rightly drop. And if'n I drop, I'm a-gonna be in motion. You see...
Gale: Shut up!
Feisty Hayseed: Okay then.
Gale: Everybody down on the ground!
Evelle: Y'all can just forget that part about freezin' now.

[austrian]

you are right. it´s difficult to tell what exactly happened if not an eyewitness, but it would be interessting how they moved. did they run away or did they just move their head in his dirrection? (which would be normal if someone shouts at you all at once). but at all i would not want to be his neighbor. that´s for shure!
excuse my english