Do you think he knew they were illegals? I want my property guarded. I have dogs and I have a gun. I couldn't use a gun on someone who was running away. If someone was coming toward me -- and I'm threatened -- I can't say. Shooting in the air or toward someone -- maybe create a bluff. Burglary is not punishable by death. The Texas law allows deadly force to protect property, if I understand correctly. Does the Castle Doctrine include a neighbor's property?
there is no way Horn could have known anthing about the immigration status of the perps. They were removing items from his neighbor's home, and making a great big noise doing it! they seem to have no fear of the authorities, and that is the problem. Horn felt that he had to take action to protect his property and the neighborhood.
according to Horn, and this was borne out during grand jury testimony, during their carting away of the stolen merchandise, the perps were crossing over Horn's fence and stepped onto Horn's property in order to get back to their getaway van, Horn shouted at them they saw him and charged him, he shot at them and missed, the perps then ran from him and he shot them dead thru their backs. all of this action was recorded on the 911 tapes. I listened to the tape which was played on the radio. At first before the shootings, the 911 operator tried to talk Horn out of leaving his house, going into the yard and confronting the perps. Horn ignored the operator and fired at the perps. The 911 operator was then successful in talking Horn back into the house, and putting away the gun, as Pasadena police were arriving on the scene, and the operator convinced Horn that he might accidentally get into a gun fight with the police.
To my understanding, Horn's actions are perfectly consistent with the intent of the TX Legislature when the "Castle Doctrine" was passed and later signed into law by Gov Perry. Horn himself was familiar with the law as he discussed it with the 911 operator. Horn felt that his property was threatened by the gang of perps stealing from his neighbors house.
I think that this is the consequence of an inadequate legal and police system which can't keep pace with the drug related crime which is spilling over the border and also came over into the Houston area following the influx of Katrina refugees in 2005. Houston has been esp hard hit with violent crime, and people like Mr Horn are justifiably upset.
On a personal note, Dusty's house was broken into while we were out in N Mexico over New Years. Items were stolen, and more importantly to him someone let his horses out of their barn and one of his horses was injured. The county authorities tell us that it was probably a gang that is made up of illegals from Durango, Mexico. The situation is almost out of control in some areas. We were able to replace, or repair items and more importantly treat the horse, but after that I no longer have compunctions about using a handgun if my house if broken into.
