Originally Posted by macallan25 (Post 1558314)

Personally, I don't think he broke the law either. Also, how are many of you stating that he was in no danger, didn't feel threatened, etc. Were you all there? Do you know the guy?

Originally Posted by macallan25 (Post 1558314)

Personally, I don't think he broke the law either. Also, how are many of you stating that he was in no danger, didn't feel threatened, etc. Were you all there? Do you know the guy?

Originally Posted by Kevin (Post 1558536)

More importantly, feeling "danger" and being "threatened" are not elements which are necessary to raise the defense.



None of that stuff is necessary either. Texas doesn't have a duty to retreat, nor does it specify that you have to feel there's a danger of death or serious bodily harm, or papercuts, or that the defense can't be raised on days starting with a T. The statute is pretty clearly set up to allow homeowners to take care of situations which may potentially become dangerous, thus allowing the homeowner to avoid having to ever be in danger at all.

Weighing the equities here, I'm going to have to say that I'll place the security and safety of homeowners above burglars' lives every single time. You don't know that by calling the cops, if there had been the duty to retreat, etc., that there would have eventually been a hostage situation, or something dangerous like that. You just don't know.

In Texas, they prefer not to find out.

Originally Posted by PeppyGPhiB (Post 1558408)

OK, have any of you ever fired a SHOTGUN? I haven't either, but I've shot plenty of other guns (pistols and rifles) and learned enough about them to know that a shotgun is by no means a particularly accurate firearm. Honestly, if he cared about gun safety and being "careful" and accurate when he fired it, he wouldn't have used a shotgun. A homeowner that brings out a shotgun to confront some guys on his lawn is doing it to scare the crap out of them, not as a cautious response.

Originally Posted by macallan25 (Post 1558831)

Yeah, got to agree there. I pistol gripped shotgun (riot gun) is probably the best for home defense without question. You don't have to be accurate at all.

Originally Posted by nittanyalum (Post 1557043)

From this article:

"Texas law allows people to use ly force to protect themselves if it is reasonable to believe they could otherwise be killed. In limited circumstances, people also can use ly force to protect their neighbor's property; for example, if a homeowner asks a neighbor to watch over his property while he's out of town.
The question will be whether it was reasonable for Horn to fear the men and whether his earlier threats on the 911 call showed he planned to no matter what, said Fred Moss, who teaches criminal law at Southern Methodist University.
"That's what makes it so hard and that's why we have juries," Moss said."

Originally Posted by madmax (Post 1674988)

Joe Horn is a redneck and he belongs in jail. It was obvious from the 911 call that Horn planned on the burglars. Horn was not in any danger. The burglars were shot in the back.

Originally Posted by macallan25 (Post 1558831)

Yeah, got to agree there. I pistol gripped shotgun (riot gun) is probably the best for home defense without question. You don't have to be accurate at all.

Originally Posted by PhiGam (Post 1675124)

I just listened to the whole thing, I couldn't help loling when he killed the scumbags.

Originally Posted by UGAalum94 (Post 1675130)

If true, this worries me a little for you.

It's one thing to be relieved that the guy wasn't indicted. It's another to celebrate and laugh at loss of human life that might have been averted.

Personally, I find it troublesome that Horn declared he would shoot them before he went outside. I'm ambivalent about the failure to indict: on the one hand, I like the idea that you can protect life and property and not be criminalized; on the the other hand, I don't think that stealing should get the death penalty and the only reason Horm ended up being threatened was that he elected to go outside and confront the robbers.

Originally Posted by PhiGam (Post 1675131)

I disagree, I think that the world and our country is a better place without these two illegal aliens that steal from hardworking American citizens. I'm a big picture guy, in the end it helps society to have those two dead.