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Lawyer: Pasadena man shot suspects out of fear. Joe Horn has yet to be charged in the killings of 2 accused of burglarizing his neighbor’s home
By LIZ AUSTIN PETERSON
Associated PressHOUSTON ó A man who told police he planned to kill two men he believed were burglarizing his neighbor’s house shot them only when they came on his property and he felt threatened, his attorney said on Monday.
Tom Lambright, who represents Joe Horn of Pasadena, said his client was just going to take a look around when he went outside after hearing glass break at his neighbor’s house. He had seen Miguel Antonio DeJesus, 38, and Diego Ortiz, 30, crawling into and then out of a window, Lambright said.
Horn went outside, armed with a 12-gauge shotgun, to see where the suspects were heading when he came face-to-face with them in Horn’s front yard, Lambright said.
Horn is 61 and heavyset. The suspected burglars were young and strong enough to beat him to death with their bare hands, Lambright said. So when one or both of them “made lunging movements,” Horn fired, Lambright said.
“He’s trying to protect his own life,” Lambright said. “He’s scared.”
Pasadena police were still compiling their report on the shooting and planned to present the case to Harris County prosecutors within the next two weeks, police spokesman Vance Mitchell said on Monday. From there it is expected to be presented to a grand jury. In the meantime, Horn remains uncharged.
Lambright’s description is partly at odds with the 911 call in which a dispatcher urges Horn to stay inside his house and not risk lives.
“Don’t go outside the house,” the 911 operator pleaded. “You’re gonna get yourself shot if you go outside that house with a gun. I don’t care what you think.”
“You wanna make a bet?” Horn answered. “I’m gonna kill ’em.”
After the shooting, he re-dialed 911.
“I had no choice,” he said, his voice shaking. “They came in the front yard with me, man. I had no choice. Get somebody over here quick.”
Diamond Morgan, Diego Ortiz’s wife and mother of their 8-month-old son, told TV station KTRK that she was stunned by Horn’s comments on the 911 call.
“It’s horrible,” she said. “He was so eager, so eager to shoot.”
But Horn “literally went to pieces” after the shooting, Lambright said. He issued a statement a few days later saying the events would weigh heavily on him for the rest of his life.
He’s doing better, however, as he reads letters and e-mails and hears radio broadcasts of people supporting his actions, Lambright said.
“I’m not going to tell you that he still doesn’t regret what had happened,” Lambright said. “He just said, ‘Tom, I had no choice. I had no choice.’
“He’s right in that. He really did not.”
Texas law allows people to use deadly force to protect themselves if it is reasonable to believe they could otherwise be killed. In limited circumstances, people also can use deadly force to protect their neighbor’s property; for example, if a homeowner asks a neighbor to watch over his property while he’s out of town.
The question will be whether it was reasonable for Horn to fear the men and whether his earlier threats on the 911 call showed he planned to kill them no matter what, said Fred Moss, who teaches criminal law at Southern Methodist University.
“That’s what makes it so hard and that’s why we have juries,” Moss said.
Re: Update on the Houston man who shot his neighbor’s thieves
Wow that is going to be a tough one if there are no other witnesses or any evidence saying it is different than what he said. The only thing that might be an issue(just from the article) is that the 911 operator told him to stay in the house.
Seriously though it is also in Texas..everyone has guns.
Re: Update on the Houston man who shot his neighbor’s thieves
Dang, forgot about all this incident. Whether this guy was too caught up in the moment we’ll never know. :dunno: I’m no lawyer and though it ended up happening on his property, one could argue had he stayed inside, things would’ve been different.
We look out for our neighbors but I think one doesn’t know EXACTLY how one would react in that situation until it happens to them.
Re: Update on the Houston man who shot his neighbor’s thieves
“Don’t go outside the house,” the 911 operator pleaded. “You’re gonna get yourself shot if you go outside that house with a gun. I don’t care what you think.”
“You wanna make a bet?” Horn answered. “I’m gonna kill ’em.”
A case could be argued it was pre meditated?
Re: Update on the Houston man who shot his neighbor’s thieves
quote CJs Dad:“Don’t go outside the house,” the 911 operator pleaded. “You’re gonna get yourself shot if you go outside that house with a gun. I don’t care what you think.”“You wanna make a bet?” Horn answered. “I’m gonna kill ’em.”
A case could be argued it was pre meditated?
That’s maybe where the guy’s screwed:(. It’s one thing if that’s FAMILY being messed with. If no one was home at the neighbor’s, it’s not worth risking your life.
Re: Update on the Houston man who shot his neighbor’s thieves
Yeah but gun laws seem to vary as does use of force state to state. The 911 call could make the case for premeditation but then again he was “protecting his property”. I think in another report I read he had told the guys not to move or he would shoot and he was calling the police. The trick is going to be finding a jury that the prosecutor has half a prayer to convict the guy. I would be willing to bet they don’t even take it to trial.
Obviously from the comments made by his lawyer they have a pretty good defense unless there is overwhelming evidence contrary to his story.
Re: Update on the Houston man who shot his neighbor’s thieves
I think he’s screwed because the 911 operator TOLD him to stay inside and his answer was he was going to go out and kill them – and then did.
His lawyer is now saying he was in fear for his life so shot in self defense. Two unarmed men as they were running across his lawn. Probably because the “hey I’m going to go be a vigilante, be right back” defense made no sense.
I’m all for protect whats mine God knows I have a 45 sitting here on my desk but this ones a stretch.
Re: Update on the Houston man who shot his neighbor’s thieves
quote CJs Dad:Iím all for protect whats mine God knows I have a 45 sitting here on my desk but this ones a stretch.Yup
Re: Update on the Houston man who shot his neighbor’s thieves
He arms himself and knowingly (and against the advice of the 911 operator) puts himself in contact with the victim after saying “I’m gonna’ kill ’em.”
This guy should get on his knees and say a long prayer of thanks for the jury trials. If this were left in the hands of a judge I see no possibility of him walking out the door. He may not get murder but he would surely do some kind of time.
Maybe a jurors will be able to put themselves in his shoes or decide they want to encourage that kind of action.
Also, if this had happened almost anywhere other than Texas this guy wouldn’t have a chance. Even in my home state where people are traditionally very conservative and pro-gun the locals would have a hard time with a guy running out on the law with a shotgun.
As much as I hate it, I think the guy should have stayed inside, called the police, and taken good notes to give the investigating officers.
Then again… Part of me thinks… I wonder how many people will go around breaking into suburban houses for a used stereo and some jewlry if they think there is a real possibility they’re going to meet the business end of a Browning?
Re: Update on the Houston man who shot his neighbor’s thieves
Well it will be interesting to watch what happens here to say the least. I agree that we should be able to protect ourselves, homes, loved ones etc and bear arms to do so if necessary, but from my training in the military I do not go for my weapons unless I plan to use em. I wouldn’t even think to pull my guns unless there was absolute threat of bodily or property harm to do so.
I just spoke to one of my sales guys in Texas and he said they really arent showing this on TV much and the guy is getting A LOT of community support. I guess they have some law there about deadly force use on property..if you fear for your life it is justified no questions asked from what my friend said.
Re: Update on the Houston man who shot his neighbor’s thieves
There was a house in our neighborhood that got hit and the perp decided it was a good idea to cut through our yard making his escape. We actually grabbed the pitts and brought them into the house, took the baby into the bathroom and I put on a vest and armed myself and my wife.
But I never went into the yard front or back especially while the helicopters were over head searching our yard. If he/they stepped into our house he was done but the last thing that crossed my mind was to go into the yard and confront the guy God forbid myself or one of the pitts was accidentally shot by a LEO just doing his job.
I think as a civilian injecting yourself into a situation is poor judgment.
Re: Update on the Houston man who shot his neighbor’s thieves
quote DirtyHippieUte:I wonder how many people will go around breaking into suburban houses for a used stereo and some jewlry if they think there is a real possibility they’re going to meet the business end of a Browning?The difficulty would be to convince the criminals they aren’t as slick as they think they are. If they don’t think they’ll be caught, there’s no danger in getting shot.
Would love to know the criminal history on the two suspects who were shot.
I’d have a hard time convicting someone who thought their life was in danger just because they walked into their own yard. The “tough guy” talk to the 911 operator before the shooting adds a different spin to it, but I still think the homeowner is legally justified to check things out. What if they weren’t burglars but arsonists? Two of the the three people involved in this story weren’t where they were supposed to be; doing things they weren’t supposed to be doing.
It’s not that I see property as being more important than life itself, it’s that the criminals see their freedom as being more important than the safety of the people they victimize. The homeowner said the two lunged at him.
Lesson learned. Keep it brief and vague when calling 911 or have your wife call while you’re outside shooting people.
Re: Update on the Houston man who shot his neighbor’s thieves
quote CJs Dad:…took the baby into the bathroom and I put on a vest and armed myself and my wife.I have this hilarious mental image of the family getting locked and loaded in the comfortable surroundings of the family bathroom complete with pink fuzzy cover on the toilet seat, matching his and hers towels, and lavendar scented soaps in the shape of sea shells.
quote CJs Dad:God forbid myself or one of the pitts was accidentally shot by a LEO just doing his job.IMHO That is the best reason to stay out of the way. Bystanders complicate everything and it usually seems like people trying to help just get in the way.
Re: Update on the Houston man who shot his neighbor’s thieves
quote DirtyHippieUte:I have this hilarious mental image of the family getting locked and loaded in the comfortable surroundings of the family bathroom complete with pink fuzzy cover on the toilet seat, matching his and hers towels, and lavendar scented soaps in the shape of sea shells.Bathrooms in the center of the house and the bathtub is the safest place for the baby.
The wife hates pink LOL and the shells in the bathroom are called Black Talons
Think Mr & Mrs Smith and youíll know what our friends think of us.
Re: Update on the Houston man who shot his neighbor’s thieves
quote CJs Dad:Think Mr & Mrs Smith and youíll know what our friends think of us.
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