Joe Horn Covered by New Texas Deadly Force Law

Albert Einstein once said “The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.”

Yesterday DBKP wrote about Joe Horn, the Texas man who was cleared by the Harris County Grand Jury after he shot two illegal “immigrants” when they had broken into a neighbor’s home in Pasadena TX in November. Horn’s actions, that of a private citizen using deadly force against someone committing a felony, were covered by a new Texas statute, the Castle Law, or Senate Bill 378.

“Don’t go outside the house,” the 911 operator pleaded. “You’re going to get yourself shot if you go outside that house with a gun. I don’t care what you think.”

“You want to make a bet?” Horn answered. “I’m going to kill them.”

ALSO at DBKP: * Joe Horn Cleared by Harris County Grand Jury * Joe Horn: Man Who Shot Two Burglars in the Back * Joe Horn, Burglar Killer, Receives Death Threat * Joe Horn: Two Dead Men Tell No Tales

Horn had called 911 to report that he had witnessed the two men break into his neighbor’s home in broad daylight. Horn, whose conversation was taped, ignored the operator’s order to remain inside his home. The tape picked up the sounds of Horn “confronting” the two men as they left the house and headed for the street:

“Move,” Horn can be heard saying on the tape. “You’re dead.”

Boom.

Click.

Boom.

Click.

Boom.

The two men died from gunshot wounds in the back while the whole incident was witnessed by a plainclothes detective who had just pulled up to the curb in front of Horn’s residence. The detective stated that he had “ducked” under the steering wheel of his car when he saw Horn shoot the men for fear that Horn might mistakenly shoot him as the “wheel man”.

“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.” [1]

Horn’s attorney, Tom Lambright, said his client was attempting to “gather evidence” for the cops. What’s interesting about Horn’s case is that the Texas legislature signed a new bill in 2007 that applied to Horn’s dilemna. The Castle Law, signed by Texas Govenor Rick Perry last March, went into effect on the first of September. Less than three months later this law protected Horn from prosecution and civil litigation for using deadly force as a private citizen.

“The right to defend oneself from an imminent act of harm should not only be clearly defined in Texas law, but is intuitive to human nature,” said Gov. Perry. “Today, I am proud to sign the Castle Law which allows Texans to not only protect themselves from criminals, but to receive the protection of state law when circumstances dictate that they use deadly force.”

The Castle Law, or Senate Bill 378, extends a person’s right in the state of Texas to use “reasonable” deadly force when an intruder commits “certain crimes” such as attempted murder or murder, attempted sexual assault or assault, unlawfully trying to enter a protected place, such as one’s home, workplace, or car, or when someone is attempting to “remove someone from a protected place”. The law also protects citizens from civil litigation.

Because homicide and murder have no statute of limitations. Under Texas law if a grand jury returns a “no-bill” (no indictment) a future district attorney would be prohibited from reopening the case unless there were new evidence. This protects people from being indicted by any politically ambitious but uncscrupulous prosecutor like a Spitzer reopening a case for no reason other than noteriety and self promotion. Also, the “no-bill” will protect Mr. Horn from civil suits along with the new “castle doctrine” law that became effective last year. Source – Paleo Conservative, Free Republic

Horn’s actions, shooting two men in broad daylight in the back while they were leaving a neighbor’s house they had just broken into, were covered by this new law.

The Castle Law was written to extend the “blanket of non-prosecutory action” against private citizens using deadly force. Another law was passed in 1995, one that sought to redress a 1973 statute which made it illegal for citizens to use deadly force, and instead directed people to, in essence, run away when faced with defending their property or life. The law does not give citizens carte blanche to use deadly force but does give them latitude when faced with protecting their lives or property.

Horn’s actions have caused considerable debate. The two men, who were illegal aliens, had broken into a neighbor’s home. Horn “confronted” the two after they had left the premises and were on their way back to the street, neither of the two carried a gun or knife. After Horn told the two to “freeze”, it was a matter of seconds when both men were dead. Horn had also been repeatedly warned by the 911 operator to remain indoors. Horn was protecting his neighbor’s property but also claimed that when he saw the two men they had “angled” over the property line in his “direction”. Nevertheless, forensic evidence showed that both were shot running away from Horn.

We wondered whether Horn’s actions were covered by Texas Citizen Arrest laws.

Article 14.01 of the Code of Criminal Procedure states the conditions that allow a private person to make an arrest. Article 14.01 “Offense within view” A peace officer or any other person, may, without a warrant , arrest an offender when their offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace. Source – Texas Department of Public Safety

The Texas Department of Public Safety writes that a Citizen Arrest is covered by different statutes.

Article 14.01 of the Code of Criminal Procedure states the “conditions” under which a person can make a citizen arrest. The crime must be classed as a felony or an “offense against public peace” and also must be committed “within view” or in the presence of a private citizen.

Article 15.22 addresses what constitutes an “arrest”. A person has been “arrested” when they are “actually taken under restraint or into custody by an officer or person executing a warrant of arrest, or by an officer or person arresting without a warrant”.

In simple terms an arrest is a form of lawful control by one person over the actions of another. An arrest, in Texas law, is “The apprehension or detention of another in order that he may be forthcoming to answer for an alleged or supposed crimes .” An arrest may be made by a peace officer or private citizen. To deprive someone of their liberty or freedom of movement may be viewed as an arrest. Source – Texas Dept. of Public Safety

Since there was never any indication that Horn attempted to arrest the two then the Citizen Arrest statutes would not apply. The Grand Jury declined to press charges under what is known as a “True Bill” which means Horn cannot face additional charges unless the prosecutor’s office gathers new evidence. Horn is also protected from civil litigation, as his actions were covered by the Castle Law which went into force September 1.

The two men were in the country illegally. One had been spent time in prison for dealing cocaine and then had been deported back to Columbia in 1999.

By LBG

Hat Tip: Paleo Conservative, Free Republic
Hat Tip: Einstein quote – Alligator, Free Republic

Source – DBKP – Joe Horn Cleared by Harris County Grand Jury
Source – Texas Govenor’s Office – Castle Law
Source – Texas Department of Public Safety
Source - DBKP – Joe Horn: Man Who Shot Two Burglars in the Back
Image – Vigilante

Tags: Citizen Arrests, Grand Jury True Bill, Harris County Grand Jury, Illegal immigrant crime, Joe horn, self-defense, Texas courts, vigilantes