Posted on 12/13/2007 8:32:57 AM PST by BradtotheBone
In Joe Horn's now-infamous 911 call reporting the burglary of his neighbor's home last month, there's a particularly disturbing refrain that made many of us cringe.
"I'm not going to let them get away with this," the Pasadena homeowner tells the dispatcher several times in various ways in the moments before he shot to death the two burglars, Miguel Antonio DeJesus, 28, and Diego Ortiz, 30.
To many of us, Horn's preoccupation with stopping the crime and recovering the stolen property — "a bag of loot," as Horn described it — seemed irrational and vengeful rather than heroic. We agreed with the dispatcher, who repeatedly pleaded with the 61-year-old computer consultant to keep himself and his shotgun safe inside his own house while police headed to the scene.
"Ain't no property worth shooting somebody over," the dispatcher told Horn.
Property versus human life Human life is worth more than property. It seems like a universal truth. But apparently not in Texas, or other states with similar laws.
Over the past week, I've researched the Texas Penal Code and discovered some provisions that were surprising even to this fifth-generation Texan.
The law of our land seems to place more value on the property being stolen — even if it belongs to a neighbor — than on the life of the burglar stealing it.
A review of our state's protection-of-property statutes suggests that Horn's repeated declarations about not letting the burglars "get away with it" may be the words that ultimately set him free.
If Horn doesn't get indicted, don't blame the grand jury. And don't blame Harris County District Attorney Chuck Rosenthal. Blame the section of Chapter 9 of the Penal Code that deals with protection of property.
Justifiable homicide Under the section, which has been in place at least since 1973, a person is justified in using deadly force to protect a neighbor's property from burglary if the person "reasonably believes" deadly force is immediately necessary to stop the burglars from escaping with the stolen property. It's also justified if the shooter "reasonably believes" that "the land or property cannot be protected or recovered by any other means."
Now, one might argue that, since the dispatcher told Horn that police were on their way, Horn should have reasonably believed authorities would nab the bad guys.
But the escalating anxiety in Horn's voice as he sees the burglars emerge from his neighbor's window with the goods, and his reiteration that "they're getting away" moments before he fires his 12-gauge may indicate to a grand jury that Horn didn't believe police would arrive in time.
Rosenthal wouldn't discuss the particulars of the Horn case, which he is still waiting to receive from Pasadena police. And police haven't revealed all the facts. A police spokesman disclosed last week that, according to a plain-clothes detective who witnessed the Nov. 14 shootings, Horn shot the two men in the back after they'd ventured into his front yard.
The fact that they were on his yard may provide Horn with even more protection.
Rosenthal said he's gotten about 50 letters and e-mails, including out-of-state inquiries from California to Minnesota, split about even in favor and against Horn being indicted. Rosenthal said he won't let the controversy surrounding the case — including a death threat against Horn called into the DA's public integrity division on Sunday —influence his office's handling of it.
He said he's not assigning any particular prosecutor, saying "whoever's working intake (when Pasadena files it) gets to be the person in the bucket."
And the prosecutor won't make a recommendation to the grand jury, which Rosenthal said is standard for such cases.
"We'll take it to a grand jury; we'll present it straight up, and whatever the grand jury does, we'll follow it. And if they decide they want to indict the guy, we'll handle it and we'll suffer the slings and arrows, but that's part of the territory," Rosenthal said.
Texas isn't unique in allowing the use of deadly force in the protection of property during felony crimes such as burglary, but the experts I talked with weren't aware how many states allow deadly force in the protection of a neighbor's property.
And for those of us tempted to dismiss such laws as backward or antiquated notions in a trigger-happy state, experts suggest states are moving closer to Texas' model than away.
"My sense is that the reason, not just Texas, but other states have been enacting statutes more and more like this is because politicians are afraid to vote against them," said Steven Goode, a law professor at the University of Texas.
"They don't want the next attack ad to be one where they are criticized for voting against someone's ability to protect themselves in their home."
"In a calmer and less politicized environment we might have different laws," Goode said. "But campaign ads don't allow for particularly nuanced discussions of issue."
Even if they don't indict him, it doesn't mean Horn's actions were morally right. He chose to kill; he didn't have to. His own life and property were not in danger until he confronted the burglars.
There's a difference between what we can do and what we should do. Without careful judgment and discretion, the law can be a dangerous thing.
The same law that may protect Horn from indictment could also protect someone who, in the dark of night, discovers a group of teenage girls wrapping his front yard trees with toilet paper.
To a rational person, this is a harmless prank. Under Texas law, in a world without discretion, the girls are engaging in criminal mischief and the homeowner would be justified in mowing them down with a shotgun.
She's getting pummeled in the posts to her article at the source.
Texas has some terrific laws. Horn should walk.
“Human life is worth more than property. It seems like a universal truth.”
Does it, now?
It seems like a universal truth to me that when you set out to commit a crime, you assume the risk that someone may shoot you for it.
BTW, Lisa, sweetie, does that apply to the unauthorized use of your genitals? They are, after all, your property. Should we indict you if you shoot a man rather than let him use your body?
ROFL !
"They don't want the next attack ad to be one where they are criticized for voting against someone's ability to protect themselves in their home."
"In a calmer and less politicized environment we might have different laws," Goode said.
If those DAMNED citizens would just keep their noses out of this, we could protect the illegals stealing us blind!
The burglers are breaking and entering on private property, you idiot. They have no right to be there. If something bad happens to them, oh well. Granted, I probably would have called the police and left it at that. But I don't have a problem with the neighbor taking action.
Property versus human life Human life is worth more than property. It seems like a universal truth. But apparently not in Texas, or other states with similar laws.
What a steaming pile of crap. My property isn't worth my life in the sense that I wouldn't risk going back into a burning house to retrieve it .. but I'll damn sure arm myself an do what is required to keep a criminal form walking off with it.
The person who decided that their life wasn't as valuable as my property is the thief, not me.
Personally I’m glad two more thieving illegals are dead. If the guy winds up having to set up a defense fund I’ll be contributing.
The benefit of the doubt should accrue to the innocent homeowner looking to be safe and secure in his home and neighborhood.
Hmmm but so many time the authorities don't nab the bad guys...Maybe Horn was just sick of seeing the crooks win again. I like the guy & hope he walks & stays safe.
It doesn't logically follow, that's true. But we're not playing the vague implication game today -- his actions were indeed morally right.
A distinction without a difference. Stealing property is the same as stealing the portion of my life I spent working to get the money to obtain it.
If Horn doesn't get indicted, don't blame the grand jury. And don't blame Harris County District Attorney Chuck Rosenthal.
Why on earth would I "blame" anyone for a good thing? ("Damn you; it's your fault I won the lottery!" "You idiot, it's your fault the police radar malfunctioned when I was going 15 MPH over the speed limit!")
The fact that they were on his yard may provide Horn with even more protection.
As well it should.
He chose to kill; he didn't have to.
They chose to burgle; they didn't have to. It's on their heads.
The same law that may protect Horn from indictment could also protect someone who, in the dark of night, discovers a group of teenage girls wrapping his front yard trees with toilet paper.
Your straw man offends my sinuses.
Obviously the thieves thought the property was worth more than their lives.
People that crazy enough break into your home will kill you too.
I support Horn.
America has a belly full of crime and illegal aliens.
The only way Horn is convicted by a jury, is if Johnny Sutton takes the case, changes the venue to Colombia, and stacks the jury with drug smugglers and other criminals.
Snort.
My email to Lisa:Lisa:Great fair and balanced reporting
except the last four lines.
There you are editorializing.
Your elitist, collectivist, statist views are very clear.
When seconds count, the police are only minutes away!
Lisa's reply:Thanks for writing. I'm a metro columnist, which means I mix news reporting with commentary.Lisa Falkenberg
Metro Columnist
Houston Chronicle
Office: 713-362-6479
Fax: 713-362-6806
Please note new cell phone: 832-367-7123
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