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Slowtwitch Forums: Lavender Room:
was he justified in killing the burglars?

 

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jryan

Jun 30, 08 19:41

Post #101 of 172 (416 views)
Re: was he justified in killing the burglars? [jec] [In reply to] Can't Post


In Reply To
yea,good point.the roads would be safer with people shooting at each other.thats a stretch guy and you know it.

  Of course I know it, just as I'm sure you realize that neighborhoods are not safer when people are shooting at each other.


jec

Jun 30, 08 19:46

Post #102 of 172 (412 views)
Re: was he justified in killing the burglars? [jryan] [In reply to] Can't Post

now that neighborhood is safer with two less criminals to prey on it.


slowguy

Jun 30, 08 19:52

Post #103 of 172 (408 views)
Re: was he justified in killing the burglars? [ajfranke] [In reply to] Can't Post

"It would seem the grand jury made the decision that there was no reasonable expectation of a successful prosecution given the available evidence and the burden of the prosecution having to prove their case beyond a reasonable doubt."

You should read more carefully. The grand jury decided that what Horn did did not rise to the level of a criminal act. They essentially said that what Horn did fell within the definition of self defense.

Slowguy

(insert pithy phrase here...)


ajfranke

Jun 30, 08 19:59

Post #104 of 172 (405 views)
Re: was he justified in killing the burglars? [slowguy] [In reply to] Can't Post

A more accurate statement would be that the grand jury concluded that the prosecution couldn't be reasonably expected to prove that Horn's act was a crime, beyond a reasonable doubt.

I still don't see an argument with that. That seems like a very reasonable take on the facts that I have seen.
____
This forum is going to be a place of civil discourse, and those who wish to foment hate and discord are no longer welcome here. -- slowman 11/8/04

Art Franke


slowguy

Jul 1, 08 3:47

Post #105 of 172 (384 views)
Re: was he justified in killing the burglars? [ajfranke] [In reply to] Can't Post

"A more accurate statement would be that the grand jury concluded that the prosecution couldn't be reasonably expected to prove that Horn's act was a crime, beyond a reasonable doubt."

Again, I will urge you to read the actual article more carefully.

"In this case, however, the grand jury concluded that Mr Horn's use of deadly force did not rise to a criminal offense"

Slowguy

(insert pithy phrase here...)


ajfranke

Jul 1, 08 3:55

Post #106 of 172 (382 views)
Re: was he justified in killing the burglars? [slowguy] [In reply to] Can't Post

I saw the quote, but that is not what grand juries actually do. All they do is take a vote on whether to indict or not. They are not in the business of declaring innocence and providing explanations.

Your quote is just one person's interpretation of what they did. It is a stretch.
____
This forum is going to be a place of civil discourse, and those who wish to foment hate and discord are no longer welcome here. -- slowman 11/8/04

Art Franke


Casey

Jul 1, 08 4:23

Post #107 of 172 (375 views)
Re: was he justified in killing the burglars? [jana] [In reply to] Can't Post

What on earth is wrong in America when someone can go out with a loaded gun and an intent to kill someone off his own property and then be defended as if he is a hero?

It's just another example of putting property and possessions ahead of human life. That man should be charged with murder, end of story.
__________________________________________________

You sir, are my new hero! - Trifan 11/13/2008

Casey, you are a wise man - blueraider_mike 11/13/2008

Casey, This is an astute observation. - Slowbern 11/17/2008


broadbill

Jul 1, 08 4:49

Post #108 of 172 (368 views)
Re: was he justified in killing the burglars? [Casey] [In reply to] Can't Post


In Reply To
What on earth is wrong in America when someone can go out with a loaded gun and an intent to kill someone off his own property and then be defended as if he is a hero?

It's just another example of putting property and possessions ahead of human life. That man should be charged with murder, end of story.

  The assumption you make here is that the human life of the criminals in this situation is worth the same as the man who shot them, his neighbor or anybody else.

Those of who insist that their lives are worth the same will argue that the man was not justified in shooting them, and those who hold that the criminal lives are below that of the others (since they CHOSE to be criminals will be the reasoning) will argue otherwise.


Danno

Jul 1, 08 5:03

Post #109 of 172 (365 views)
Re: was he justified in killing the burglars? [broadbill] [In reply to] Can't Post


Quote
Those of who insist that their lives are worth the same will argue that the man was not justified in shooting them, and those who hold that the criminal lives are below that of the others (since they CHOSE to be criminals will be the reasoning) will argue otherwise.

 
It has nothing to do with the relative worth of human life. It has to do with whether Horn was legally justified in taking a human life (any human life) under the circumstances. I wasn't there and have no idea what really happened, but based on what has been written about it, here are the "facts" that bother me:

1. Horn shot both men in the back.
2. There was an unmarked cop car at the scene before the shooting started.
3. The 9-1-1 operator told Horn not to go out there.
4. Horn specifically told the 9-1-1 operator that he was going to kill the men.

It does make you wonder . . . if the two men had been two 17-year old white kids from the neighborhood who got shot, would we still be having this kind of discussion?

-------------
Book 'em!
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slowguy

Jul 1, 08 5:25

Post #110 of 172 (360 views)
Re: was he justified in killing the burglars? [ajfranke] [In reply to] Can't Post

"Your quote is just one person's interpretation of what they did. It is a stretch."

As usual Art, your overly high opinion of yourself is amusing. This was not just "one person's interpretation." It was the statement made by the District Attorney involved in the case.

I guess we all have to just get used to the fact that you know better than anyone else about absolutely everything.


Slowguy

(insert pithy phrase here...)


Old and Haggard

Jul 1, 08 5:50

Post #111 of 172 (351 views)
Re: was he justified in killing the burglars? [slowguy] [In reply to] Can't Post


In Reply To
"Your quote is just one person's interpretation of what they did. It is a stretch."

As usual Art, your overly high opinion of yourself is amusing. This was not just "one person's interpretation." It was the statement made by the District Attorney involved in the case.

I guess we all have to just get used to the fact that you know better than anyone else about absolutely everything.

 
You are arriving late to that party.

An interesting comment:

"I wonder if Joe Horn were black if he would be free tonight or in the Harris County Jail,” said the lawyer, Joseph Gutheinz Jr., of the National Republican Lawyers Association. “It’s a sea of white faces that doesn’t look anything like the county,” Mr. Gutheinz said.
-----------------------------------
Ken Lehner

"reread klenher [sic] and pretty much skip the rest." - desert dude 5/25/2008


broadbill

Jul 1, 08 6:15

Post #112 of 172 (338 views)
Re: was he justified in killing the burglars? [Danno] [In reply to] Can't Post


In Reply To

Quote
Those of who insist that their lives are worth the same will argue that the man was not justified in shooting them, and those who hold that the criminal lives are below that of the others (since they CHOSE to be criminals will be the reasoning) will argue otherwise.

 
It has nothing to do with the relative worth of human life. It has to do with whether Horn was legally justified in taking a human life (any human life) under the circumstances. I wasn't there and have no idea what really happened, but based on what has been written about it, here are the "facts" that bother me:

1. Horn shot both men in the back.
2. There was an unmarked cop car at the scene before the shooting started.
3. The 9-1-1 operator told Horn not to go out there.
4. Horn specifically told the 9-1-1 operator that he was going to kill the men.

It does make you wonder . . . if the two men had been two 17-year old white kids from the neighborhood who got shot, would we still be having this kind of discussion?

  I wasn't commenting on what happened in this particular situation, but I was making a comment on why this is such a polarizing issue for the people on this board.

For some of us, they reason that if a person comes into your house/neighborhood with the intent of doing harm then they are a criminal and therefore their lives aren't worth as much as your life , thus rationalizing lethal force. For others, they see the situation differently and cannot rationalize killing these men because they inherently see the lives of Horn and the criminals as equal.

Your point about if two 17-year old white kids ended up getting shot also illustrates my point to an extent. You wonder if we would be having this discussion but what you are really talking about is how people might value a white criminal's life versus non-white criminal's life in this particular scenario.


Danno

Jul 1, 08 6:45

Post #113 of 172 (333 views)
Re: was he justified in killing the burglars? [broadbill] [In reply to] Can't Post


Quote
You wonder if we would be having this discussion but what you are really talking about is how people might value a white criminal's life versus non-white criminal's life in this particular scenario.

 
That's a far cry from comparing "criminals" to "non-criminals" which is what your original post appeared (to me) to be doing. No doubt the racists out there will value the lives of the white criminals lives more than the lives of the black or Hispanic criminals. Of course, that's just rationalization . . . fact is the guy was just pissed off. It's just easier to justify the "they needed killin'" defense when you find out after the fact that they were illegal aliens from Colombia with prior criminal convictions.

Edited to add: I guess what I'm saying is that I see this less as a criminal issue and more of a race issue. The radio talk shows in Austin yesterday were full of flat out racist comments about the two victims as they searched for ways to rationalize Horn's decision.

-------------
Book 'em!
Member, Guru Cartel, EH?


(This post was edited by Danno on Jul 1, 08 6:49)


David in FL

Jul 1, 08 7:33

Post #114 of 172 (320 views)
Re: was he justified in killing the burglars? [Danno] [In reply to] Can't Post


In Reply To

Quote

 
It has nothing to do with the relative worth of human life. It has to do with whether Horn was legally justified in taking a human life (any human life) under the circumstances. I wasn't there and have no idea what really happened, but based on what has been written about it, here are the "facts" that bother me:

1. Horn shot both men in the back.
2. There was an unmarked cop car at the scene before the shooting started.
3. The 9-1-1 operator told Horn not to go out there.
4. Horn specifically told the 9-1-1 operator that he was going to kill the men.

 


You're right.......and in order to determine whether he was legally justified you need to refer to the applicable statute, not your own sense of propriety. Whether you agree with the law is irrelevant.

Here is the applicable statute for the use of deadly force in the protection of a 3d person's property in TX:





Protection of Third Person's Property 9.43

A person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if, under the circumstances as he reasonably believes them to be, the actor would be justified under Section 9.41 or 9.42 in using force or deadly force to protect his own land or property and:

(1) the actor reasonably believes the unlawful interference constitutes attempted or consummated theft of or criminal mischief to the tangible movable property; or

(2) the actor reasonably believes that:

(A) the third person has requested his protection of the land or property;

(B) he has a legal duty to protect the third person's land or property; or

(C) the third person whose land or property he uses force or deadly force to protect is the actor's spouse, parent, or child, resides with the actor, or is under the actor's care.


"Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

Theodore Roosevelt


slowguy

Jul 1, 08 7:44

Post #115 of 172 (314 views)
Re: was he justified in killing the burglars? [David in FL] [In reply to] Can't Post

Don't forget to bold the part about protecting "his own land or property." It's kind of important to this case.


Slowguy

(insert pithy phrase here...)


steveperx

Jul 1, 08 7:47

Post #116 of 172 (312 views)
Re: was he justified in killing the burglars? [David in FL] [In reply to] Can't Post

You have to look at 9.41 and 9.42, as well, though, David. 9.43 says he must be justified in using force or deadly force under 9.41 or 9.42 AND ...

9.41 applies to use of force. 9,42 applies to use of deadly force. 9.41 basically says he can use force to prevent the unlawful removal of property. 9.42 is the kicker here.

Sec. 9.42. Deadly Force to Protect Property.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.


I think it's #3 that Danno has an issue with. If he shot them in the back, are 3(A) and 3(B) really satisfied? I don't know. Given the unmarked cop car was there, was deadly force necessary? I don't know. Did Horn know the cop was there? Does Horn's statement that he intended to kill these guys indicate that he didn't care about requirement #3, he just wanted to kill these guys? I don't know.

It's not quite as cut and dried as you'd have others believe. Clearly, the grand jury decided he had a reasonable belief that in 3(A) and (B). But Danno's points are well taken. Whether the grand jury really believed that, or wanted to send a message is something only the grand jury members know.


-------------------------------------
Steve Perkins


broadbill

Jul 1, 08 7:47

Post #117 of 172 (312 views)
Re: was he justified in killing the burglars? [Danno] [In reply to] Can't Post


In Reply To

Quote
You wonder if we would be having this discussion but what you are really talking about is how people might value a white criminal's life versus non-white criminal's life in this particular scenario.

 
That's a far cry from comparing "criminals" to "non-criminals" which is what your original post appeared (to me) to be doing. No doubt the racists out there will value the lives of the white criminals lives more than the lives of the black or Hispanic criminals. Of course, that's just rationalization . . . fact is the guy was just pissed off. It's just easier to justify the "they needed killin'" defense when you find out after the fact that they were illegal aliens from Colombia with prior criminal convictions.

Edited to add: I guess what I'm saying is that I see this less as a criminal issue and more of a race issue. The radio talk shows in Austin yesterday were full of flat out racist comments about the two victims as they searched for ways to rationalize Horn's decision.

  Dude...relax....my original comment was to Casey's question on how some guy could rationalize stepping off his porch and into a situation where he blows two guys away and it comes up looking like a saint for it. The fact is that some people believe that all human life is equal and that Horns actions did not justify his actions and some people believe that since they were criminals their lives where inherently worth less and Horn just gave them what they had coming to them. I was commenting on how polarized people become and I just find it interesting how different people can look at the same situation and come up on different sides of it.

When Horn stepped off his porch, he somehow rationalized that these men deserved to die...be it for racial reasons (as you suggest), or moral reasons (they were criminals and deserve to die because they meant to steal), or he needed a reason to clean his shotgun...whatever....the basis of the argument on this board and how we view this situation is how each of us views human life.

As for the race issues....I don't live in Texas, I don't listen to the austin talk shows so I don't know if this was racially motivated or not. To tell you the truth, everything that I've seen on this situation never even mentioned the race of the guys who where shot.


android

Jul 1, 08 9:01

Post #118 of 172 (285 views)
Re: was he justified in killing the burglars? [broadbill] [In reply to] Can't Post


In Reply To

Quote
As for the race issues....I don't live in Texas, I don't listen to the austin talk shows so I don't know if this was racially motivated or not. To tell you the truth, everything that I've seen on this situation never even mentioned the race of the guys who where shot.

 
Texas has a long history of allowing you to protect not only yourself and your loved ones, but also your stuff (and your neighbor's stuff) with lethal force. We also recently passed the castle law that protects people from lawsuits filed by survivors of criminals shot by citizens protecting themselves (and their stuff) Not one of these laws mention race. With a large percentage of the population owning guns in the house or even legally carrying concealed handguns, you'd think criminals would understand that they are risking their lives to commit theft or any crime of violence in the state of Texas. It is NOT a matter of us choosing whether a person's life is valuable or not. When a person chooses to commit crimes in Texas knowing they can be legally shot and killed, THEY have made the choice that their life has NO VALUE, NOT the shooter who is exercising his legal right to protection.


(This post was edited by android on Jul 1, 08 9:03)


David in FL

Jul 1, 08 9:04

Post #119 of 172 (443 views)
Re: was he justified in killing the burglars? [steveperx] [In reply to] Can't Post


In Reply To
You have to look at 9.41 and 9.42, as well, though, David. 9.43 says he must be justified in using force or deadly force under 9.41 or 9.42 AND ...

9.41 applies to use of force. 9,42 applies to use of deadly force. 9.41 basically says he can use force to prevent the unlawful removal of property. 9.42 is the kicker here.

Sec. 9.42. Deadly Force to Protect Property.
A person is justified in using deadly force against another to protect land or tangible, movable property:
(1) if he would be justified in using force against the other under Section 9.41; and
(2) when and to the degree he reasonably believes the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and
(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.


I think it's #3 that Danno has an issue with. If he shot them in the back, are 3(A) and 3(B) really satisfied? I don't know. Given the unmarked cop car was there, was deadly force necessary? I don't know. Did Horn know the cop was there? Does Horn's statement that he intended to kill these guys indicate that he didn't care about requirement #3, he just wanted to kill these guys? I don't know.

It's not quite as cut and dried as you'd have others believe. Clearly, the grand jury decided he had a reasonable belief that in 3(A) and (B). But Danno's points are well taken. Whether the grand jury really believed that, or wanted to send a message is something only the grand jury members know.

 



True......but 3(A) and (B) do not both need to be satisfied. Just one or the other. The point is that TX law allows for the use of deadly force in the protection of property from theft, even that of a 3d party. The subjectivity comes in as to whether 3 (A) was satisfied. Apparently the Grand Jury felt that it was in this case.

BTW, FWIW, I personally think that Horn over-reacted........but I'm also glad that the 2 dirtbags in question aren't breathing our air anymore though.


"Far better it is to dare mighty things, to win glorious triumphs, even though checkered by failure than to rank with those poor spirits who neither enjoy much nor suffer much, because they live in a grey twilight that knows not victory nor defeat."

Theodore Roosevelt

(This post was edited by David in FL on Jul 1, 08 9:06)


steveperx

Jul 1, 08 9:27

Post #120 of 172 (429 views)
Re: was he justified in killing the burglars? [David in FL] [In reply to] Can't Post

True......but 3(A) and (B) do not both need to be satisfied. Just one or the other. The point is that TX law allows for the use of deadly force in the protection of property from theft, even that of a 3d party. The subjectivity comes in as to whether 3 (A) was satisfied. Apparently the Grand Jury felt that it was in this case.

Oh absolutely. The law DOES, in fact permit a person to use deadly force to protect a 3rd party's property... but only when reasonably necessary.

I do see that my post seemed to indicate both A and B needed to be satisfied. What I was trying to get across was that the grand jury obviously felt that one or the other prong was satisfied. And just to nitpick... because I can't help myself... neither of these requirements is supposed to be a subjective analysis. The "reasonable person" standard is supposed to be objective. However, I'd submit that both A and B are usually applied in a fairly subjective manner.

BTW, FWIW, I personally think that Horn over-reacted........but I'm also glad that the 2 dirtbags in question aren't breathing our air anymore though.

I feel exactly the same way, except that I'm not sure that burglary warrants execution unless the guy truly feared that he himself was in imminent danger of death or bodily harm.


-------------------------------------
Steve Perkins


jana

Jul 1, 08 9:51

Post #121 of 172 (423 views)
Re: was he justified in killing the burglars? [Casey] [In reply to] Can't Post

I am totally shocked by the grand jury. I agree that property is not worth the value of a life. Even the life of a thief. People commit crimes every day but they do not warrant taking lives. This man was wrong in what he did. He had no right to kill those men. He has to live with that for the rest of his life.


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android

Jul 1, 08 10:05

Post #122 of 172 (412 views)
Re: was he justified in killing the burglars? [jana] [In reply to] Can't Post


In Reply To
I am totally shocked by the grand jury. I agree that property is not worth the value of a life. Even the life of a thief. People commit crimes every day but they do not warrant taking lives. This man was wrong in what he did. He had no right to kill those men. He has to live with that for the rest of his life.

 
The people and laws of Texas don't agree with your beliefs. And for good reason, what if a thief stole your car and cellphone and left you here in the middle of the summer when it's 115F? Is protecting your property worth your life? I think it is.




ajfranke

Jul 1, 08 10:08

Post #123 of 172 (408 views)
Re: was he justified in killing the burglars? [slowguy] [In reply to] Can't Post

As usual Art, your overly high opinion of yourself is amusing. This was not just "one person's interpretation." It was the statement made by the District Attorney involved in the case.

How does that make it anything other than one person's interpretation? The fact that it is a lawyer who just lost a case in front of the Grand Jury, something that happens almost never?

That is his spin. The Grand Jury voted. He lost. He can whine about why he lost, but the fact that he lost in a forum in which only he probably was able to present evidence and in which the State's position is nearly always rubber stamped by the Grand Jury should make you a lot less smug.



____
This forum is going to be a place of civil discourse, and those who wish to foment hate and discord are no longer welcome here. -- slowman 11/8/04

Art Franke


Casey

Jul 1, 08 10:26

Post #124 of 172 (395 views)
Re: was he justified in killing the burglars? [android] [In reply to] Can't Post

what if a thief stole your car and cellphone and left you here in the middle of the summer when it's 115F?

And that probably happens everyday so you're right, let's just kill everyone who we think may be stealing our property. After all, it is our property and everyone we judge to be a criminal on the spot, deserves death.

What is wrong with people.
__________________________________________________

You sir, are my new hero! - Trifan 11/13/2008

Casey, you are a wise man - blueraider_mike 11/13/2008

Casey, This is an astute observation. - Slowbern 11/17/2008


saltman

Jul 1, 08 10:49

Post #125 of 172 (385 views)
Re: was he justified in killing the burglars? [ajfranke] [In reply to] Can't Post

Can't believe I have avoided this thread for so long. Too busy at work to keep up with the times. I am sure David in FL and Art will appreciate my opinion on this.

The only thing that would have made this just is if he had accidentally shot and killed himself. Just another idiot looking to get his gun off. Seriously, do you need anything other than a pulse to get a gun in Texas? I am starting to wonder if there is a law in Texas that actually prevents people from shooting other people.

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