Skip to comments.Dramatic 911 call from right before shooting released (Audio at link)
Posted on 11/16/2007 12:03:36 AM PST by tlb
PASADENA, TX) - A dramatic 911 call from the Pasadena man who allegedly shot and killed two men accused of burglarizing his neighbor has been released. The dispatcher tried to talk him out of it.
At about 2pm Wednesday, Joe Horn called 911 from inside his Pasadena home. He says he saw two men break into his neighbor's house. Horn tells police that he is armed with a shotgun.
"Hurry up, man. Catch these guys, will ya? I ain't gonna let them go, I'm gonna be honest with ya," said Horn on the 911 call. "I'm not gonna let them go. I'm not gonna let them get away with this (expletive)."
Horn and the dispatcher spent more than seven minutes on the phone, much of that with the dispatcher trying to convince Horn not to go outside.
"I'm gonna shoot, I'm gonna shoot," said Horn.
"Stay inside the house and don't go out there, OK?" responded the dispatcher. "It's not worth shooting someone over this."
"I don't want to, but if I go out there to see what the hell is going on, what choice do I have?" said Horn.
"I don't want you to go out there. I asked if you could see anything out there," said the dispatcher.
Horn tells the dispatcher that he understands his rights and even makes reference to the September 1 expansion that gives homeowners greater protection from prosecution should they choose to confront someone breaking into their home.
Before he can be convinced otherwise, Horn tells police he sees the burglars coming out of his house.
"He's coming out of the window right now," said Horn to the 911 dispatcher. "I gotta go, buddy. I'm sorry, but he's coming out the window."
"Don't, don't , don't go out the door. Mr. Horn? Mr. Horn?" said the dispatcher.
"(Expletive), they just stole something," said Horn to the dispatcher. "I'm sorry. I ain't gonna let them get away with this. They got a bag of something. I'm doing it."
The dispatcher can't stop Horn, who takes the phone with him as he goes outside.
"Move, you're dead," Horn, who took the phone outside with him, could be heard saying to the suspects.
Then three gunshots could be heard.
Horn admits later on the 911 call that he did, in fact, fire those shots. The names of the two men shot have not yet been released pending identification and notification of their next of kin. Horn has not been arrested or charged with any crime. A police investigation is still underway. This case likely will end up in the hands of a Harris County grand jury.
Moral, don't take a television set to a gunfight.
“There are four kinds of Homicide: felonious, excusable, justifiable, and praiseworthy.” — Ambrose Gwinett Bierce
Does it have to be justifiable to be praiseworthy?
Pasadena police used to be faster and meaner.
Oh well, the hazards of home invasion in the U.S. I will say this—Mr. Horn has got some big, brass ones. I wouldn’t want to mess with him.
It doesn't matter that his life was not threatened. In Texas you are fully justified in the use of deadly force to protect your property from theft in the night and you can also use deadly force to protect someone else's proptery from theft in the night.
From the Texas Penal Code concerning the use of deadly force to protect property:
§ 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(3) he reasonably believes that:
(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(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.
§ 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. 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
Mr. Horn mentions that they were doing this in the “broad daylight”. Do you know how this affects it?
I’m just asking as far as legality goes. I’d hate to see Mr. Horn have to do time over this.
I refer you to post #6.
Well the poster specifically mentioned it applying to night time so that’s why I was a little confused.
Or if the DA understands the world it'll go before the grand jury and no further.
Well, he told them not to move!
Well, he told them not to move!
Correct but he fired instantly so i suggest that he wanted
to kill those burglars anyway.
Wasn’t there, can’t say, but they probably moved.
He did the wrong thing: discussing the shooting with the 911 operator beforehand. Almost certainly every syllable admissible in court. Laws don’t count like they used to, it will be up to a prosecutor, a judge, and a jury. He’ll be made to suffer.
Right thing would have been to clam up. (And go hunting.)
you are right. it´s difficult to tell what exactly happened if not an eyewitness, but it would be interessting how they moved. did they run away or did they just move their head in his dirrection? (which would be normal if someone shouts at you all at once). but at all i would not want to be his neighbor. that´s for shure!
excuse my english
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