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911 call of man that shot and killed 2 people that were burglarizing the house next door

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From the latimes.com

PASADENA, TEXAS -- When he saw two men pry into his neighbor's house with a crowbar one afternoon earlier this month, Joe Horn did what many people would do: He called 911.

But when police had not shown up by the time the suspects were about to leave, the 61-year-old retiree did something most people probably would not: He stepped outside with his 12-gauge shotgun and killed them.

"I'm not going to let them get away with this," Horn told the 911 dispatcher, who responded: "Property's not worth killing someone over."

Seconds later, the sound of a gun being loaded could be heard on the 911 tape, followed by a warning -- "Move [and] you're dead" -- and then three bursts of gunfire. Miguel DeJesus, 38, and Diego Ortiz, 30, both of whom had small-time criminal histories, died of their wounds.

The six-minute recording of Horn's anger, frustration and eagerness to take the law into his own hands has made him the focus of a national controversy. Critics condemn him as a vigilante bent on meting out murderous justice. Admirers praise him as a courageous hero whom any law abider would love to have next door.

"Why is he still a free man?" Linda E. Edwards wrote in a letter to the Houston Chronicle.

"Joe Horn gets a Texas 'attaboy' from me," countered John E. Meagher in the next letter. "Justice was served, law or not."

As the debate rages on talk radio and cable-TV news shows, Horn remains free.

However, his attorney said, Horn was so overwrought with grief and overwhelmed by the media glare that he left his home in this blue-collar suburb best known as the former home of Gilley's, the honky-tonk bar in the 1980 movie "Urban Cowboy."

"Joe has never been anything but a gentle person. He's not the type of monster that they are making him out to be," attorney Tom Lambright told Houston radio host Michael Berry, who played a spoof of Bob Marley's "I Shot the Sheriff" called "I Shot the Burglar." yLambright did not return requests for comment.

Authorities are still investigating the Nov. 14 incident, but they plan to let a Harris County grand jury decide whether Horn, a former computer consultant, should be charged.

"This is not an individual who stepped outside and gunned down two pedestrians on the sidewalk," said Pasadena Police Capt. A.H. "Bud" Corbett. "In a situation where there is some uncertainty about which side of the law someone was on, the best thing to do is assemble all the information and present it to the grand jury."

Noting Texans' prevailing populist views on guns and self-defense, legal experts differ over whether a jury of his peers would ever indict him. They also differ on whether one should, given a Texas law known as the "castle doctrine" which permits citizens to use deadly force to defend their homes and vehicles. A bag one of the dead men had been carrying contained a large amount of cash, apparently taken from the house, police said.

Tommy LaFon, a Houston lawyer and former prosecutor who has argued disputed shooting cases before grand juries, said that Horn's attorneys might be able to claim that he was acting as the de facto defender of his neighbor's property. "He's not drunk at a bar somewhere; he's a guy who intercedes in a situation next door," LaFon said. "If a jury believes he was standing in the shoes of the owner, that might affect their decision."

Police caution that although the 911 recording makes for provocative discussion, it fails to answer many questions they must try to answer: Was Horn on his property when he fired or had he ventured into the neighbor's yard? Were the suspects coming at him? Did he feel threatened?

Critics of the way the case has been handled say the 911 tape is proof that Horn was predetermined to shoot the men before stepping outside with his gun.

Noting that Horn is white and the suspects were dark-skinned, Quanell X, a Houston activist, has accused the authorities of bias. "Mr. Horn did not have to kill those people," Quanell X said at a protest on the street where the men were shot. "Mr. Horn became judge, jury and executioner."

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wow that is intense this is going to be interesting to see what happens. Maybe this will deter some criminals and get them to think twice

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I did not read if the perps were armed or not which could play a factor in this case. It will be very interesting to see what the grand jury finds. I feel the man did what he felt he had to do. I also feel if the perps were not out breaking the law they would still be alive.

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Now if it was his home, then it would have been a whole different story. I'm a full supporter of my 2nd Amendment rights but he's gonna face some harsh criticism and eventually the judge.

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Can someone prove that the property being stolen was not his?? All of us have borrowed something from a neighbor... I know it is a far reach.

He called 911 after observing the break in, stayed on for 6 min during which he shot 2 people.. When did the the police finally arrive? 10min, 15 min..

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I love that Live-Leak describes him as an "elderly" male... he's 61!!! That's hardly elderly these days. "Older" maybe...

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I don't think that law applies to a resident seeing someone break into their NEIGHBORS house. The law which the man mentions is known as "The Castle Doctrine". That law protects a person's house (or Castle) and in some states even property, including vehicles and places of work, from trespassing or burglary to prevent a violent attack. For instance, if this man was sitting in his living room and those men chose to rob his house, he could legally kill them in self defense because they could inflict harm on that individual. If the circumstances are right, the killing of those individuals can be considered justifiable homicide. The problem with this instance was that the man clearly narrates the events of that day to the dispatcher. He tells the dispatcher exactly what is going on when he sees the men climb through the window of his neighbor's house with the crowbar. Then he tells the dispatcher that he has a shotgun and that he refuses to let these men get away with the property. The dispatcher repeatedly advises the man not to go outside because "no property is worth killing someone over". The man then tells the dispatcher that he doesn't care and the police better arrive soon because these men will not get away. When the men end up leaving, the man clearly tells the dispatcher that they have property (or a bag of loot) in their possession and that he can't let them get away. He then very calmly tells the dispatcher he's going to go outside and take care of these men. You can then hear the man cocking the shotgun and then going outside. Right before he shoots the men, he gives no announcement of his presence other than the statement "BOOM YOUR DEAD". Then you hear 3 separate shots and then the man comes back to the phone. The FIRST thing he says to the dispatcher other than you better get the police there soon is "THEY CAME ON MY PROPERTY MAN, I HAD TO DO IT, THEY CAME ON MY PROPERTY, I DIDN'T HAVE ANOTHER CHOICE BUT TO SHOOT THEM". This seems like an attempt to me that he man knows that it was illegal for him to shoot them because they were theoretically no immediate threat to him. By saying that the robbers came onto his property, he protects himself from the law. The problem is, one of the dead men was found across the street from his house. Either the man was shot in his yard and managed to run, with a shotgun wound mind you, across the street and died or the shooter took a shot as he ran across the street. Sounds like to me seeing that the shooter called the police and was advised not to go outside, the shooter took the law into his own hands and committed premeditated murder. This is going to be an interesting story in the future.

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If I'm on that jury...he gets no votes on every charge someone wants to put in front of me.

Castle law or not in my opinion he:

1. Reported a crime in progress via 911.

2. He stayed on the phone for some 6 minutes awaiting PD arrival.

3. While there is conflicting reports, the printed article says he advised them not to move.

4. He shot them with a legally owned gun.

5. The last time I checked the 2 dumb asses started this by comitting a felony. Which he stopped the assailants. Someone else can try to make the argument of when the felonious act was coming to a conclusion at that point.

He fulfilled his legal and ethical obligations in my opinion prior to shooting those 2 skells.

Anyone who lives or has been in Texas knows...you better watch your a** because if the law don't kill ya...a gun toting Texan just might. You don't take the time to flick someone off in Texas...chances are they're carrying.

Those criminals took a calculated chance and they lost. Now there are 2 less criminals on the streets of Pasadena.

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If I'm on that jury...he gets no votes on every charge someone wants to put in front of me.

Castle law or not in my opinion he:

1. Reported a crime in progress via 911.

2. He stayed on the phone for some 6 minutes awaiting PD arrival.

3. While there is conflicting reports, the printed article says he advised them not to move.

4. He shot them with a legally owned gun.

5. The last time I checked the 2 dumb asses started this by comitting a felony. Which he stopped the assailants. Someone else can try to make the argument of when the felonious act was coming to a conclusion at that point.

He fulfilled his legal and ethical obligations in my opinion prior to shooting those 2 skells.

Anyone who lives or has been in Texas knows...you better watch your a** because if the law don't kill ya...a gun toting Texan just might. You don't take the time to flick someone off in Texas...chances are they're carrying.

Those criminals took a calculated chance and they lost. Now there are 2 less criminals on the streets of Pasadena.

Deadly force can only be used if you are in fear of your own life and there is no other option

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Call it what you want...but again I will say he met his obligation and I hope he has a good lawyer to get the jury to see that. He clearly said don't move...they moved and at that point he apparantly felt threatened. He has no training or experience to draw on, so without getting into his head I don't know what he may have been feeling or thinking. However I have no problem with what he did. His vision and experience of a deadly force encounter is probably way off the charts compared to mine.

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Street Justice at its best! This Country needs more senior citizens like this guy. He just saved the taxpayers a bundle. I wonder how his neighbors feel who were robbed? :rolleyes:

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There are many outcomes that could have resulted from this. I think the best one was chosen. I would feel this way no matter what creed, race, color the perps were. Simple...don't commit crimes against people and you will not put yourself in the position of being shot and killed.

NICE!

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Guy goes outside...points shotgun at perp and says "move and you're dead"....perp then moves towards guy with shotgun (while this guy is still on his own property)...guy say's again "don't move"...Guy shoots perp (who btw had a crowbar which can deffinately be used a weapon)....guy then goes and puts gun back in his house and then obeys police commands to lie on ground. I think they should give him a medal and an "Honaray Sheriff" Badge. I wish my neighbors had thought like him when my house was robbed a few years back.

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I bet there are no home invasions in that NECK of the woods for quite a while.

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now that is one good neighbor to have. :D

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More neighbors like this and the Police will no longer need Vacant House Checks...

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