New Article on Pasadena Shooting (Joe Horn)

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I know this topic gets posted (and closed) frequently, but this is brand new today:

http://www.chron.com/disp/story.mpl/front/5362232.html

Pasadena police say Horn shot 2 men in the back
Both men were hit by shotgun blasts after entering Joe Horn's front yard

By CINDY HORSWELL and ROBERT STANTON
Copyright 2007 Houston Chronicle
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Pasadena protests collide

The two burglary suspects killed by Pasadena homeowner Joe Horn were shot in the back after they ventured into his front yard, police disclosed Friday.

In another twist, investigators revealed that a plainclothes Pasadena detective witnessed the Nov. 14 shootings after he pulled up in an unmarked car seconds before Horn fired three shots from his 12-gauge shotgun.

The men, who had just burglarized Horn's neighbor's house, faced him from seven to 10 feet away when they ignored his order to "not move"or they would be dead, police said.

The controversial shootings have outraged minority activists but also brought an outpouring of support for Horn.

"We now have a summary documenting what we think happened," said Capt. A.H. "Bud" Corbett. "We will turn it over to the district attorney in a couple of weeks after we do an extensive review for quality control."

The district attorney will then present the case to a grand jury to determine if any charges should be filed against Horn, 61, a computer consultant, who has claimed self-defense.

The two men — Diego Ortiz, 30, and Hernando Riascos Torres, 48 — collapsed and died not far from Horn's home on Timberline in a Pasadena neighborhood.

Both were illegal immigrants from Colombia, authorities said. Torres had been deported to Colombia in 1999 after serving time for possession with intent to distribute cocaine. Both were also using fake identification cards and aliases, and their backgrounds are now being scrutinized by federal authorities to determine if they were part of a Colombian fake ID and burglary ring, authorities said.

On Friday, Corbett described the shooting scenario that had been pieced together so far.

According to a transcript of Horn's 911 call, at 2 p.m., he became concerned that his next- door neighbor's home was being burglarized after hearing some glass break.

The dispatcher repeatedly urges Horn to stay in his house but Horn states that he doesn't feel it's right to let the burglars get away.

"Well, here it goes, buddy," Horn tells the dispatcher. "You hear the shotgun clicking and I'm going."

The dispatcher replies: "Don't go outside."

Then the tape records Horn warning someone: "Move and you're dead!" Two quick shots can be heard, followed by a pause and then a third shot.

Corbett said the plainclothes detective, whose name has not been released, had parked in front of Horn's house in response to the 911 call. He saw the men between Horn's house and his neighbor's before they crossed into Horn's front yard.

Corbett believes neither Horn nor the men knew a police officer was present.

"It was over within seconds. The detective never had time to say anything before the shots were fired," Corbett said. "At first, the officer was assessing the situation. Then he was worried Horn might mistake him for the 'wheel man' (get-away driver). He ducked at one point."

When Horn confronted the suspects in his yard, he raised his shotgun to his shoulder, Corbett said. However the men ignored his order to freeze.

Corbett said one man ran toward Horn, but had angled away from him toward the street when he was shot in the back just before reaching the curb.

"The detective confirmed that this suspect was actually closer to Horn after he initiated his run than at the time when first confronted," said Corbett. "Horn said he felt in jeopardy."

Autopsy report
The wounded man crossed the street, collapsed and died, authorities said. At the same time, the other man had turned and ran away from Horn.

Horn swung his shotgun around after shooting the first man and fired at the second one after he entered the neighbor's yard, investigators said.

He was hit in the back but continued running until collapsing a few hundred yards down the street, Corbett said.

According to a final ruling, Ortiz died of shotgun wounds to his neck and torso, said Ellie Wallace, an investigator at the Harris County Medical Examiner's Office.

The report said that Torres died of shotgun wounds to his torso and upper left extremity.

Wallace could not confirm whether the men were shot in the back, saying the autopsy report only indicated they were shot in the torso.

Neither suspect was armed, but one had a "center punch," a 6-inch pointed metal tool, in his pocket that might be used as a weapon, authorities said.

Also, they were carrying a sack filled with more than $2,000 in cash and assorted jewelry believed taken in the burglary, police said.

Self-defense claim
Investigators believe a third person may have driven the men from Houston to the Pasadena neighborhood. Police could find no vehicle belonging to the pair parked in the area.

On the 911 tape, Horn mentioned a new state law that allows residents to protect their own home from intruders.

"This case is a little different," Corbett said. "We'll have to let the grand jury sort this one out."

Horn's attorney, Charles T. Lambright, said his client fired in self-defense because he feared for his life.

"One of them (suspects) moved and Joe thought he was coming towards him," Lambright said. "They were in such close proximity (to Horn) that they could be on top of him in half a second."

The fact that a police officer witnessed the shooting but did not arrest Horn is further evidence that he acted in self-defense, he said.

"You've got a trained police officer sitting there watching this, and he doesn't arrest Horn," Lambright said. "If the (plainclothes) officer thought it was not a righteous shooting, maybe the Pasadena Police Department would have arrested Mr. Horn for murder."

Civil rights activist Quanell X said he would step up the call for a murder indictment against Horn, and questioned whether the Pasadena police should investigate the case.

Quanell X said the shooting should be handled instead by the Texas Rangers and the FBI.

"I don't trust the Pasadena Police Department," he said. "Why are they just now releasing the fact that an undercover officer witnessed the whole thing? This case stinks."

---------------

So it seems in the first shooting, the guy ran towards him, sees the shotgun and then, probably, starts to try to turn and run away but Horn fires and tags him. That seems completely legit to me.

Draw your own conclusions from the rest.
 
Quanell X (aka Ralph Evans) it trying to stampede the justice system, and try Joe Horn in the court of pubic opinion. This won’t work because public sentiment is running the other way and the people of Houston are not in the habit of backing up from a fight. I wish Joe Horn and the people of Houston well.
 
The system had tried and failed with these two. The Immigration System, the local police and Justice system all had failed. Is there any reason to believe that had they been arrested they would have stopped their crimes?

While I might not agree with Joe Horn's actions, I can say that the populace are tired of paying the "criminal tax", they are scared and tired of being victimized. I doubt a jury would convict on this in any event, ESPECIALLY considering the background of the two perps in question. Everything about their being in America was against the law from the way the entered it, to their names, to how they conducted their daily affairs and made a living. It would be one thing if this were two first time offender 16 - 18 year olds, but quite another to send a guy to jail for ridding us of human vermin that were preying off the weak in an attempt to hoard ill gotten gains.
 
They were still in his yard and they were running closer to him. A man does what man has to do. Just the start of the of more problems with these invaders that will get worse if we don't get these criminals out of this country. From now until the new year. If the economy goes down further and more lose their illegally gained jobs. They will go back to what they know to survive at our expense and liberty. Sends a firm message. You broke into our country and you steal our identities. Your not breaking into our house!
 
I understand the need to debate the legitimacy of the shootings, but race and ethnicity should have nothing to do with determining culpability IMHO. I wonder if this "Quannel X" would have been happier if the BG's were white guys. Al Sharpton, Jesse Jackson and Quannel seem only concerned with skin color, not the details about these types of cases.
 
"The controversial shootings have outraged minority activists"

You have got to be kidding me? When are they going to start realizing that it is about illegal aliens and crime, not race. They say racism this racism that, it is they who are racist.
 
Guess what, violent robbers are violent robbers and I don't think he cared much about their country of origin (because Hispanics are WHITE and not an ethnicity) in the heat of the moment. I don't think there'd be much of a difference. I guess you can believe that if you want.
 
Sorry let me clarify... I wonder of Mr. Horn would have been so zelous about shooting two UNARMED white guys IN THE BACK, in the same scenario? No matter how you rationalize it, shotgun vs. Icepick, is not a smart fight to get into. And seeing how any reasonably prudent person confronting a couple of robbers woud already have their firearm leveled at the perps, I think the they tried to run, and Mr. Horn simply shot them both. The second guy shot clearly was not a threat any longer, even IF the first guy attempted to rush him...
 
Stupidity is what killed them. You cannot out run a bullet, whether it's a .22, .45, or .12gauge buck. Once they were caught they should have surrendered with their arms up and lie down on the ground. Men with past criminal histories should know that more than likely they would have had a short stay in prison followed by deportation. Let me think for a minute... short prison stay followed by a free trip home or being shot and killed. Maybe I should call MENSA, I'd choose the first.
 
Sorry let me clarify... I wonder of Mr. Horn would have been so zelous about shooting two UNARMED white guys IN THE BACK, in the same scenario? No matter how you rationalize it, shotgun vs. Icepick, is not a smart fight to get into. And seeing how any reasonably prudent person confronting a couple of robbers woud already have their firearm leveled at the perps, I think the they tried to run, and Mr. Horn simply shot them both. The second guy shot clearly was not a threat any longer, even IF the first guy attempted to rush him...

Wow, people who only see color. Martin Luther King would be proud. Let's not judge these criminals by the content of their character, but by the color of their skin. Same for Mr. Horn, let's only judge him by the color of his skin.

All I know is wouldn't care what the criminal looked like- if he comes towards me, he'll get the same holes that Mr. Horn put in them.
 
In debates like this I ask myself who would I want as a neighbor Mr Horn or
the criminals, and how would society be served by jailing Horn.?
 
Hrm 2 burglar, illegal alien, drug dealing criminals dead while at the scene of their latest crime.

Sorry but my sympathy for them gets less and less the more I hear about the case.

Horn did society a favor if anything.

If a person points a gun at you, unless you're an idiot you hold still, I don't care if you don't understand what they are saying.
 
It's very important to know the relevant Texas law before posting. Not doing so might make you look silly.

Hint: The only thing Mr. Horn had to be in fear of is those individuals were getting away with his neighbor's property.

Please read the Texas Deadly Force Laws, specifically Section 9.43-Protection of Third Person's Property.
 
Thumper said:
Please read the Texas Deadly Force Laws, specifically Section 9.43-Protection of Third Person's Property.
It is also important not to take things out of context. You CANNOT read Section 9.43 without reading Sections 9.41 and 9.42, because 9.43 is dependent on the preceding sections.
 
A bit of fishy reporting...

The two burglary suspects killed by Pasadena homeowner Joe Horn were shot in the back after they ventured into his front yard, police disclosed Friday.

And, later in the article...

Wallace could not confirm whether the men were shot in the back, saying the autopsy report only indicated they were shot in the torso.

For the people who are defending the criminals, I hope you never find yourself in a 2 on 1 situation where they're in close proximity and you have to make a choice. It's easy to pass judgment in your armchair; the fact remains if the criminals had not decided to rob the house, not enter Horn's yard, laid down on the ground or not ran, they'd be well and alive today.

I'd be proud to have that man as a neighbor.
 
It is also important not to take things out of context. You CANNOT read Section 9.43 without reading Sections 9.41 and 9.42, because 9.43 is dependent on the preceding sections.

Absolutely right, but 9.41 and particularly 9.43 reinforce Mr. Horn's position.

There was no other reasonable way to recover his neighbor's possessions.

Or...

He placed himself at physical risk by trying to recover the possessions without using deadly force.

He can claim either as a defense to prosecution. In this case, he can claim both.
 
Mr. Horn is on record saying, “Move, and you’re dead”. The criminals had fair warning and ignored it. They would rather be dead than face the police. It was their choice. If he had not shot them, they would have bragged about their exploits that night and done the same thing again. Does anyone have a better idea how to stop this?

Talk is cheap, but is anyone willing to reimburse all of those who have been robbed in broad daylight by professional criminals? If not, then I suggest we support Joe Horn and leave off with the moralizing. He should be exonerated. People who second guess and criticize him should move to states where citizens must stand by and watch their neighbors being robbed.
 
To me it looks like his best defense is that he feared death or serious injury after they kept moving toward him when he called for them to halt. At that point he made the decision to shoot; but being untrained and elderly his reaction was slow enough that it lagged the actions of the burglars.

Wonder if the neighbors are going to chip in some of that $2,000 of cash he saved them to help with Mr. Horn's legal bills?
 
Joe Horn Defense Fund...

Wonder if the neighbors are going to chip in some of that $2,000 of cash he saved them to help with Mr. Horn's legal bills?

I sure hope they do Bart. There was a link to Joe Horn's Defense Fund posted by the same member who posted the link to the YouTube video of the Nation of Islam "protest."
 
I'm sorry but seriously, any person that has listened to the tape, can hear the lag between shots 2 and 3... Let's say he had to shoot the first guy twice (the under cover cop confirms a move toward Mr. Horn), why is the third shot so much later? I'm not saying that I don't think criminals get a free pass to rob, but it was broad daylight.. Any weapons could have clearly been seen. Oh well, you rob a house( like some idiots) and they took their chances.. He'll walk...
 
Oh yeah, I doubt the neighbors want any part of this mess. I recently had a robbery near my home, and would not mind having a neighbor like Mr. Horn, but I am also curious as to the number of people that would return the favor of getting envolved....
 
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