Texas Justice

Commentary by

Bill Pickle

Joe Horn, 61 was enjoying some peace and quit one morning when he heard the sound of breaking glass. He looked out his window and saw two outlaws breaking into his neighbors house. Joe tried to call for help but help wasn’t coming fast. He grabbed his shotgun. Joe went outside and tried to stop the bandits. According to Joe the criminals came after him and he had no choice but to gun them down. Most people would call Joe a hero who did what was just and necessary. Unfortunately for Joe this didn’t happen in the 1800s. It happened in 2007 and things are a lot more complicated in today’s world.

Here is a portion of the 911 call Mr. Horn made.

Dispatcher: "I want you to listen to me carefully, OK?"

Horn: "Yes?"

Dispatcher: "I got officers coming out there. I don't want you to go outside that house. And I don't want you to have that gun in your hand when those officers are poking around out there."

Horn: "I understand that, OK, but I have a right to protect myself too, sir, and you understand that. And the laws have been changed in this country since September the First and you know it and I know it."

Dispatcher: "I understand."

Horn: "I have a right to protect myself ..."

Dispatcher: "I'm ..."

Horn: "And a shotgun is a legal weapon, it's not an illegal weapon."

Dispatcher: "No, it's not, I'm not saying that, I'm just not wanting you to ..."

Horn: "OK, he's coming out the window right now, I gotta go, buddy. I'm sorry, but he's coming out the window. "

Dispatcher: "No, don't, don't go out the door, Mister Horn. Mister Horn..."

Horn: "They just stole something, I'm going out to look for 'em, I'm sorry, I ain't letting them get away with this ----. They stole something, they got a bag of stuff. I'm doing it!"

Dispatcher: "Mister, do not go outside the house."

Horn: "I'm sorry, this ain't right, buddy."

Dispatcher: "You gonna get yourself shot if you go outside that house with a gun, I don't care what you think."

Horn: "You wanna make a bet?"

Dispatcher: "Stay in the house."

Horn: "There, one of them's getting away!

Dispatcher: "That's alright, property's not something worth killing someone over. OK? Don't go out the house, don't be shooting nobody. I know you're pissed and you're frustrated but don't do it."

Horn: "They got a bag of loot."

Dispatcher: "OK. How big is the bag?" He then talks off, relaying the information.

Dispatcher: "Which way are they going?"

Horn: "I can't ... I'm going outside. I'll find out."

Dispatcher: "I don't want you going outside, Mister..."

Horn: "Well, here it goes buddy, you hear the shotgun clicking and I'm going."

Dispatcher: "Don't go outside."

At that point you can here the sound of the shotgun being cocked. You're dead!" he shouts. A loud bang is heard, then you can here the shotgun fire two more times.

Then Joe gets back on the phone:

"Get the law over here quick. I've now, get, one of them's in the front yard over there, he's down, he almost run down the street. I had no choice. They came in the front yard with me, man, I had no choice! ... Get somebody over here quick, man."

Dispatcher: "Mister Horn, are you out there right now?"

Horn: "No, I am inside the house, I went back in the house. Man, they come right in my yard, I didn't know what the --- they was gonna do, I shot 'em, OK?"

Dispatcher: "Did you shoot somebody?

Horn: "Yes, I did, the cops are here right now."

Dispatcher: "Where are you right now?"

Horn: "I'm inside the house. ..."

Dispatcher: "Mister Horn, put that gun down before you shoot an officer of mine. I've got several officers out there without uniforms on."

Horn: "I am in the front yard right now. I am ..."

Dispatcher: "Put that gun down! There's officers out there without uniforms on. Do not shoot anybody else, do you understand me? I've got police out there..."

Horn: "I understand, I understand. I am out in the front yard waving my hand right now."

Dispatcher: "You don't have a gun with you, do you?

Horn: "No, no, no."

Dispatcher: "You see a uniformed officer? Now lay down on the ground and don't do nothing else." Yelling is heard. Dispatcher: "Lay down on the ground, Mister Horn. Do what the officers tell you to do right now."

I applaud Joe Horn for seeking justice. These criminals would have probably gotten away. As a former law enforcement officer I can tell you that we often don’t show up until it is too late. Mr. Horn took his gun outside and confronted the thieves when he did not have to. I think this was a heroic act on his part but many of the sheeple in our society will not agree. Even the 911 dispatcher stated that property was not worth killing for. There is a large segment of our society that believes it is the states responsibility to protect us and that individuals have no right to defend ourselves, our homes, or others. I don’t want to live in a place where me and my neighbors aren’t allowed to look after each other.

The Texas Penal Code states, "A person is justified in using force or deadly force against another to protect the property of a third person if he reasonably believes he would be justified to use similar force to protect his own property, and he reasonably believes that there existed an attempt or actual commission of the crime of theft or criminal mischief. Also, a person is justified in using force or deadly force if he reasonably believes that the third person has requested his protection of property; or he has a legal duty to protect the property; or the third person whose property he is protecting is his spouse, parent or child." From this perspective it is clear that Joe Horn had the right to use force to protect his neighbors property, but that is not all that exonerates Mr. Horn from wrongdoing.

Joe Horn stated that the thugs started coming toward him when he confronted them. He also said that one of them had a crowbar. The Texas Penal Code states, “A person is justified in using deadly force against another if he would be justified in using force under Section 9.31 of the statute when and to the degree he reasonable believes that deadly force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly force, if a reasonable person in the same situation would have not retreated. The use of deadly force is also justified to prevent the other's imminent commission of aggravated kidnapping, murder, rape or robbery." Mr. Horn did nothing wrong if he believed that his life was in danger.

I am glad I live in Texas. People still watch out for each other. There are people in Texas that are willing to stand up to the villainous scum that seem to walk our streets without fear. I wish that more people would make a stand like citizen Joe Horn.

http://www.statesman.com/search/content/shared-gen/ap/National/Burglary_Shooting.html


/www.boston.com/news/nation/articles/2007/11/27/shooting_of_burglars_in_texas_draws_debate/http:/


http://home.houston.rr.com/rkba/gunlaws.html

In Response to "Death Penalty: Justice or Murder?"

The author of this piece puts forth the standard arguments against the death penalty. She gives her opinions but does not offer much in the way of argument. It would have been a better article if she had broken her opinions into paragraphs and argued her points. I am not saying the article was bad only that it was difficult to read and seemed like a first draft instead of a finished product. The way she worded her opinions were good and the reader can tell that she genuinely believes them. She seems intelligent. I just think she could have done better.

Some of the basic arguments against capital punishment are: it costs too much to keep someone on death row for years; it doesn't deter; and we could just as well give a killer a life sentence. To this I reply: it costs too much only because we have not placed rational time limits on the appeals process; the issue isn't deterring future killers, but justice for the murder victim; life in prison means the murderer is likely to live the same way in prison as he lived in the free world.

I believe in the classical school of criminal justice. The punishment should fit the crime. I do not mean literally an eye for an eye. I do not believe in sinking to the level of a criminal and punishing law breakers in kind. Revenge is not justice. What I am talking about is retribution. A just society must punish criminals in proportion to the damage they have done. What possible penalty could be proportionate to the crime of murder but the forfeiture of the murderer's own life? In the case of premeditated murder, in which there is no question of guilt and no extenuating circumstances, capital punishment should be the standard penalty.