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
3 comments:
The overall look of the blog site is hard to read. The font is very large and spaced out, especially on the right hand side. This makes the reader constantly have to scroll down. Perhaps making the font smaller will allow the reader/viewer to find what they are looking for more accessible. I do enjoy learning which topic Mr. Pickle has chosen to write about and what his take on the topic will be.
Comment on blog topic:
The right to bear arms has been a hot topic for years. The issue is whether it is a right of every citizen or a duty to protect one's life and property or whether it is a privilege that must be regulated. In Bill Pickle's blog, his topic is about a man named Joe Horn who witnessed a robbery in progress and decided to take the law into his own hands. Had I not heard the actual 911 call from a news clip on the radio, I would have a different view on the subject. However, because I have been a bit informed on this story I know that this man was a bit old fashioned and neighborly. I commend him for wanting to protect his neighbor and their property, but no one should take the law into there own hands. If I remember correctly, Mr. Horn shot one or both suspects and possibly killed one. Whether to say it was self-defense or not is not up to me. Killing someone of material objects is wrong. If he wanted to be a good citizen he could have written down the License plate, make and model of get away car and any other detail that would assist police in their investigation. To call Mr. Horn a hero would be overdoing it.
I cannot help but read this editorial in a state of shock. I simply cannot believe Mr. Horn behaved the way he did. Texas is a law and order state. The key words in that sentence were law and order and the word state. Nowhere in that sentence were the words,” shoot someone yourself if they are stealing your neighbors things”. I am sorry but there is no way to justify Mr. Horn walking out of his house and shooting someone after specifically being told by the 911 operator TO STAY IN HIS HOUSE. If someone was invading Mr. Horn’s house, by all means he should have defended his house and property. However it wasn’t HIS house. Our state has a police force to deal with this kind of thing. If everyone were to take the law into his or her own hands we would have anarchy. If Mr. Horn does not serve jail time for this act it will send a message across the state saying that vigilantism is ok. It was not Mr. Horn’s place to be “seeking justice” on anyone. It is repugnant that anyone should applaud his decision to confront and shoot a man over someone else’s property. Furthermore, if he had stayed in his house, (as he was told to) I highly doubt the thugs would have approached him, leaving him no excuse for self-defense! Mr. Horn disobeyed the 911 operator, he antagonized two thieves, and then shot them in “self defense”. Texas is no longer a redneck country western where John Wayne comes and shoots the outlaws preying on the innocent towns person. This is the 21rst century and we need to behave accordingly. We have laws for a reason. there were other ways M> Horn could have helped his neighbors out, but he chose to shoot another human instead. this is unacceptable in todays society and should not be rewarded.
I completely agree with the author of this commentary. He makes his point clear in a logical, well organized piece and backs it up using nothing but cold hard facts. His outlook on citizens rights is admirable as well as his view on the Texas justice system.
Having grown up in a family of lawyers, I too have had to follow the law all my life. But, there are just certain times when you have to go against the book to do the right thing. I too applaud Joe Horn for his courageous act and wish there were many more people like him out there. This is where the term "good samaritin" comes into context. I would have done the same thing that he had done. Today, crooks and thieves get away with too many things. The right to protect your homestead and or others is something that should be marked "sacred grounds." There are too many thieves these days that think they can do what they want and avoid the consequences. Let Joe Horn serve as an example to others around the great state of Texas that if you mess with the bull, your gonna get the horns, plain and simple.
I too am glad I live in Texas. We live in a state where everyone looks out for each other and has each others backs. We have a background of protecting whats ours with our life and every time an outlaw comes strolling into town they have to remember that the eyes of Texas are upon them and they cannot get away.
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