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FinalCall.com News
National News
Shooting case verdict doesn’t quell controversy
By Jesse Muhammad
Staff Writer
Updated Jul 23, 2008 - 3:31:00 PM
Texas lawmaker calls for congressional probe of Harris County justice system after grand jury decision
HOUSTON (FinalCall.com) - In the eyes of some he is a hero and to others he is a murderer. But the decision made on June 30 by a Harris County grand jury was the only judgement that held weight in the case of Pasadena, Texas resident Joe Horn, who gunned down two illegal immigrants breaking into a neighbor’s home.
Court proceedings have ended but many are now staging protests and calling for a federal investigation. Rep. John Conyers, who chairs the House Judiciary Committee, will be here July 18 to conduct an unofficial congressional hearing in the City Council chambers.
After two weeks of hearing testimonies from key witnesses, including Mr. Horn, the jury concluded that the use of deadly force was justified and not murder.
The jury heard his 911 call, during which the retiree ignored an operator’s constant plea to stay inside of his home and not engage the suspects. The November call captured the sound of Mr. Horn loading a shell into his 12-gauge shotgun’s chamber followed by gunshots that killed Colombians Diego Ortiz and Hernando Riascos Torres.
“These killings were premeditated murder,” said a disgusted Stephanie Storey, the fiancée of Mr. Torres, during a press conference with grassroots organizations and supportive city officials.
“This man took the law into his own hands,” continued Ms. Storey. “He shot two individuals in the back after having been told over and over to stay inside. It was his choice to go outside and his choice to take two lives.”
“It’s amazing to me that anyone with a Hispanic surname cannot get justice. This was no more than a vigilante,” said an outraged Frank Ortiz, of the Houston chapter of the League of United Latin American Citizens.
The Horn defense team’s main strategy was to prove that their 61-year-old client fired out of fear for his life, which made the shooting justifiable under Texas law. The state also permits the use of deadly force to protect property under some circumstances.
“Joe was not some sort of wild cowboy,” said lead defense attorney Tom Lambright. “He was trying to help police. He was put in a situation where he didn’t have any choice. It scared him to death.”
Autopsy results released by the Harris County Medical Examiner’s Office show Mr. Torres and Mr. Ortiz were struck in the back. Both died on the scene.
Radio airwaves, news programs and internet blogs were flooded with countering opinions of Mr. Horn’s actions, including callers on the Connect the Dots show on KPFT radio. “This (shooting) was wrong. I had my home robbed last year but robbery is not a crime worthy of death,” said one caller. “A human life is more valuable than things that can be replaced. I wouldn’t want my neighbor to shoot up my home to save some jewelry.”
Another caller asked, “Where is the owner of the home that was broken into? Why haven’t we seen that person’s face or read a statement from them? That’s real strange.”
“I just praise God that he was not indicted, that our country is still behind our good, honest people,” said Velma Cabello in a news report. She is a White resident of Humble, Texas. “He is a hero in my book. I would love for him to be my neighbor, for someone to watch over me like that.”
“I’m glad he’s not going to jail, but it’s a bad thing, killing a couple people,” said John White, who lives half a block away from Mr. Horn. “It’s sad for everyone, him and the victims.”
‘Move and you’re dead!’
Mr. Horn was alone inside his home on the afternoon of Nov. 14, 2007 when he said he heard glass shattering next door. He spotted men crawling through a window and called 911 to report the break-in.
The operator repeatedly urged him to stay in his house, but the 911 call recorded Mr. Horn saying he did not believe it would be right to let the burglars get away.
“Well, here it goes, buddy,” Mr. Horn told the dispatcher. “You hear the shotgun clicking and I’m going.”
The operator replied: “Don’t go outside.”
Then the tape recorded Mr. Horn saying: “Move and you’re dead!” Two quick shots can be heard, followed by quick silence and then a third shot.
In a July 2 interview on Good Morning America, Mr. Horn was asked if the voice on that 911 call sounded like a man fearing for his life. He responded, “I didn’t go outside to engage anybody. I just went outside to get information for the police. For 61 years I was never a vigilante. Why would I be a vigilante over this incident? To go through an event like this, you cannot imagine how badly you feel.”
Home protection and Texas law
In his 911 call, Mr. Horn cited the Texas law named the “Castle Doctrine,” which gives citizens the authority to use deadly force during a home invasion. But state Sen. Jeff Wentworth (R-San Antonio), who authored the law, said it did not apply to Mr. Horn’s case.
“It was not an issue in this case other than him saying incorrectly that he understood it to mean he could protect his neighbor’s property,” said Sen. Wentworth.
He said the Castle Doctrine simply didn’t apply because, although the burglars were running across his lawn, Mr. Horn’s home wasn’t targeted. “It comes from the saying ‘A man’s home is his castle,’” Sen. Wentworth said. “But this wasn’t his castle.”
“There are too many imponderables in this law, whereas the previous law was working just fine,” Warren Diepraam, the Harris County Assistant District Attorney, said in an ABC interview.
Texas congresswoman applies pressure
U.S. Rep. Sheila Jackson Lee (D-Texas) has called for a congressional inquiry into the Harris County legal system. “With the many misgivings surrounding the Harris County legal system, it is fair to say that this local judicial system has been tarnished,” Rep. Jackson Lee said. “It is time for all officials to be held accountable and true justice and democracy to be restored.”
She stated at the July 10 news conference that her call for an inquiry resulted from a pattern of injustice, including the Horn case.
“As far as many are concerned, justice was not rendered. There needs to be a question about how the case was presented. Was there no basis for this individual to be tried by a jury of his peers?” she asked.
Rep. Jackson-Lee also cited a controversy surrounding the biased treatment of prisoners in the Harris County jails, corruption in the Harris County Sherriff’s Office, a Houston Police Department crime lab scandal and the residue of scandal left by the resignation of former District Attorney Chuck Rosenthal. “I believe Harris County has set up an infrastructure that begs investigation,” she said.
Several hundred protestors marched to the steps of the Harris County District Attorney’s Office on July 10. Each speaker demanded that Mr. Horn be brought to trial and the Harris County system be reformed.
