Joe Horn and Texas Defense Laws
Last month, Pasadena resident Joe Horn shot and killed two burglars as they robbed his neighbor's home.
What crime is Horn guilty of, if any?
First, here is what is known about the incident: Horn, a sixty-one year old computer consultant, heard glass breaking around 11AM. He looked outside his window and saw two men entering his neighbor's home. After grabbing his shotgun, Horn called 911 and spent around six minutes on the phone with the emergency operator.
When Horn saw the two burglars emerge from the neighbor's home, he becomes worried that the burglars will get away. Despite repeated warnings from the 911 operator to stay inside and wait for the police, he loads his shotgun and goes outside.
He says "Move and you're dead!" and a second later shoots and kills one man. He fires two more shots and kills the second man. Both men are shot in the back. Both are on Horn's property. A plainclothes Pasadena officer, who had just pulled up in his car, witnessed the entire incident.
Under Texas law, one way the State can prove murder is by proving that Horn intentionally caused the death of the two burglars. The punishment range for murder is 5-99 years; probation is not an option since September 1, 2007.
Furthermore, the Harris County D.A. could charge the offense as capital murder since two people died during the same incident. The minimum sentence for capital murder is life--the maximum is death. It is extremely unlikely that the D.A. would pursue a death sentence against Horn because of his lack of criminal history.
It would be a non-death capital murder prosecution, and if Horn is convicted, he would have to serve 40 years before being eligible for parole.
Horn's defense will start with Texas Penal Code Sections 9.42 "Deadly Force to Protect Property" and 9.43, "Protection of Third Person's Property" which can be read to allow the use of deadly force to prevent the burglary of someone else's home.
Horn can also argue self-defense. Horn would argue that the burglars were on his property and he feared for his life.
So far the D.A. has not commented on the case. Their comment will come in the form of a grand jury decision--if the D.A. is behind the case, expect an indictment in the next couple of weeks.
The relevant defense statutes--Self-Defense, Defense of Third Person's Property, and Deadly Force to Protect Property--are located in Chapter 9 of the Texas Penal Code.
What crime is Horn guilty of, if any?
First, here is what is known about the incident: Horn, a sixty-one year old computer consultant, heard glass breaking around 11AM. He looked outside his window and saw two men entering his neighbor's home. After grabbing his shotgun, Horn called 911 and spent around six minutes on the phone with the emergency operator.
When Horn saw the two burglars emerge from the neighbor's home, he becomes worried that the burglars will get away. Despite repeated warnings from the 911 operator to stay inside and wait for the police, he loads his shotgun and goes outside.
He says "Move and you're dead!" and a second later shoots and kills one man. He fires two more shots and kills the second man. Both men are shot in the back. Both are on Horn's property. A plainclothes Pasadena officer, who had just pulled up in his car, witnessed the entire incident.
Under Texas law, one way the State can prove murder is by proving that Horn intentionally caused the death of the two burglars. The punishment range for murder is 5-99 years; probation is not an option since September 1, 2007.
Furthermore, the Harris County D.A. could charge the offense as capital murder since two people died during the same incident. The minimum sentence for capital murder is life--the maximum is death. It is extremely unlikely that the D.A. would pursue a death sentence against Horn because of his lack of criminal history.
It would be a non-death capital murder prosecution, and if Horn is convicted, he would have to serve 40 years before being eligible for parole.
Horn's defense will start with Texas Penal Code Sections 9.42 "Deadly Force to Protect Property" and 9.43, "Protection of Third Person's Property" which can be read to allow the use of deadly force to prevent the burglary of someone else's home.
Horn can also argue self-defense. Horn would argue that the burglars were on his property and he feared for his life.
So far the D.A. has not commented on the case. Their comment will come in the form of a grand jury decision--if the D.A. is behind the case, expect an indictment in the next couple of weeks.
The relevant defense statutes--Self-Defense, Defense of Third Person's Property, and Deadly Force to Protect Property--are located in Chapter 9 of the Texas Penal Code.
posted by Fred Dahr at 2:19 PM
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