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Man Cleared for Killing Neighbor's Burglars - 'Castle Doctrine' Gives Texans Unprecedented .....
ABC News ^ | June 30, 2008 | CHRIS BURY and HOWARD L. ROSENBERG

Posted on 06/30/2008 5:14:58 PM PDT by Ernest_at_the_Beach

'Castle Doctrine' Gives Texans Unprecedented Authority to Take Action Against Intruders

A Texas man who shot and killed two men he believed to be burglarizing his neighbor's home won't be going to trial. A grand jury today failed to indict Joe Horn, a 61-year-old computer technician who lives in an affluent subdivision in Pasadena, Texas.In the Lone Star state, where the six-gun tamed the frontier, shooting bad guys is a time-honored tradition, and Horn's case centered on a Texas state law based on the old idea that "a man's home is his castle." The "castle law" gives Texans unprecedented legal authority to use deadly force in their homes, vehicles and workplaces. And no longer do they have an obligation to retreat, if possible, before they shoot.

"I understand the concerns of some in the community regarding Mr. Horn's conduct," Harris County District Attorney Kenneth Magidson told reporters at the courthouse. "The use of deadly force is carefully limited in Texas law to certain circumstances. ... In this case, however, the grand jury concluded that Mr. Horn use of deadly force did not rise to a criminal offense."

'I'm Gonna Shoot!'

Horn called 911 in November to report a burglary in broad daylight at the house next door.

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Crime/Corruption; Foreign Affairs; Front Page News; News/Current Events; War on Terror
KEYWORDS: 2ndamendment; armedcitizenry; bang; banglist; burglar; burglary; castledoctrine; crime; intruder; joehorn; rkba; secondamendment; texas
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1 posted on 06/30/2008 5:15:00 PM PDT by Ernest_at_the_Beach
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To: All; NormsRevenge; Grampa Dave; SierraWasp; blam; Marine_Uncle; BOBTHENAILER
OK,...now it is a national story...and how about the spin...

.Unprecedented Authority????

2 posted on 06/30/2008 5:17:51 PM PDT by Ernest_at_the_Beach (No Burkas for my Grandaughters!)
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To: Ernest_at_the_Beach

Dont’ mess with Texans.


3 posted on 06/30/2008 5:18:19 PM PDT by Bubba_Leroy ("What's up with Whitey?" - Michelle Obama)
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To: Ernest_at_the_Beach

Right on!!!!!

But watch the race baiters go bananas!


4 posted on 06/30/2008 5:18:24 PM PDT by Keith Brown (Among the other evils being unarmed brings you, it causes you to be despised Machiavelli.)
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To: Ernest_at_the_Beach

I wish I had a neighbor like Joe Horn. I mean, my neighbors are nice people and all, but they are timid folks. If they saw bad guys breaking into my house they’d hide under their bed covers.


5 posted on 06/30/2008 5:19:16 PM PDT by ought-six ( Multiculturalism is national suicide, and political correctness is the cyanide capsule.)
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To: Ernest_at_the_Beach

You think Texas has a good law, you should read Florida’s castle doctrine.

If you’re gonna be an idiot, don’t be one in the sunshine state!


6 posted on 06/30/2008 5:19:50 PM PDT by ovrtaxt (This election is like running in the Special Olympics. Even if McCain wins, we're still retarded.)
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To: Ernest_at_the_Beach

“His wife, baby daughter and 6-year-old son were asleep when Barone heard a commotion and grabbed his Glock handgun.”

What cal? 9mm, 40s&w, 45? Great shot!

7.62


7 posted on 06/30/2008 5:20:10 PM PDT by homeguard (Frustrated, bitter, gun clinging, bible reading, anti-immigrant, anti-trade, typical white person)
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To: Ernest_at_the_Beach
Horn fatally shot the burglars, two illegal immigrants from Colombia named Diego Ortiz and Miguel de Jesus. Stephanie Storey, De Jesus' fiancée, wanted to see Joe Horn prosecuted.

Just a couple of guys doing the burglaries that American burlgars won't do
8 posted on 06/30/2008 5:21:04 PM PDT by The Lumster (USA - where the innocent have nothing to fear!)
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To: Ernest_at_the_Beach

TEXAS — STILL a Republic!


9 posted on 06/30/2008 5:22:10 PM PDT by river rat (Semper Fi - You may turn the other cheek, but I prefer to look into my enemy's vacant dead eyes.)
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To: Ernest_at_the_Beach

10 posted on 06/30/2008 5:23:23 PM PDT by Lonesome in Massachussets (Hillary to Obama: Arkancide happens.)
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To: The Lumster
Stephanie Storey, De Jesus' fiancée, wanted to see Joe Horn prosecuted.

Nice choice of future husband there Ms. Storey...Idiocracy, here we come.

11 posted on 06/30/2008 5:25:50 PM PDT by garbanzo (Government is not the solution to our problems. Government is the problem.)
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To: ought-six
Eric Zorn your neighbor?
12 posted on 06/30/2008 5:26:33 PM PDT by MaryFromMichigan
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To: Ernest_at_the_Beach

Fortunately, Joe Horn fared better than Tom Horn.


13 posted on 06/30/2008 5:28:33 PM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: Ernest_at_the_Beach

I’m all for it. My stuff is my stuff. Stay away if you value your life.


14 posted on 06/30/2008 5:29:37 PM PDT by DoughtyOne ( I say no to the Hillary Clinton wing of the Republican party. Not now or ever, John McCain...)
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To: Ernest_at_the_Beach
A Texas man who shot and killed two men he believed to be burglarizing his neighbor's home won't be going to trial.

He "believed" they were burglarizing his neighbor's home because he watched them break in and start carrying property out.

15 posted on 06/30/2008 5:30:52 PM PDT by Bubba_Leroy ("What's up with Whitey?" - Michelle Obama)
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To: garbanzo

She should be kissing the guy’s feet. He saved her from marrying jailbait.

I’ve seen plenty of relationships where people have married such. Once in a blue moon the guy learns his lesson, gets out, and devotes himself to making sure his kids have a better life than he was headed on.

More often I’ve seen the woman end up years later with nothing and unimpressive, emotionally damaged children.


16 posted on 06/30/2008 5:31:05 PM PDT by I still care ("Remember... for it is the doom of men that they forget" - Merlin, from Excalibur)
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To: Ernest_at_the_Beach; neverdem

Perhaps the reason it didn’t rise to a criminal offense was a 1:1 ratio of bullets used to perps shot? :’)


17 posted on 06/30/2008 5:31:21 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/_________________________Profile updated Friday, May 30, 2008)
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To: ovrtaxt
We need more:>>>>

Wikipedia:

*****************************

Castle Doctrine in the US,/b>

**********************Intro*************************

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one's place of residence (or, in some states, any place legally occupied, such as one's car or place of work) as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally inside it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine.

Castle Doctrines are legislated by state, and not all states in the US have a Castle Doctrine. The term "Make My Day Law" comes from the landmark 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force - including deadly force - against an invader of the home.[1] The law's nickname is a reference to the famous line uttered by Clint Eastwood's character Dirty Harry in the 1983 film Sudden Impact, "Go ahead, make my day".

18 posted on 06/30/2008 5:34:17 PM PDT by Ernest_at_the_Beach (No Burkas for my Grandaughters!)
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To: Ernest_at_the_Beach

Burglars are now going to think twice before burgling houses in Texas. Taking actions such as this is certainly risky, but the upside is you end up doing everyone else in the community a huge favor.


19 posted on 06/30/2008 5:45:57 PM PDT by Mr Ramsbotham (Barack Obama--the first black Jimmy Carter.)
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To: Ernest_at_the_Beach

next


20 posted on 06/30/2008 5:47:17 PM PDT by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated))
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To: Bubba_Leroy

“Don’t mess with Texans.”

Beat me to it.


21 posted on 06/30/2008 5:47:56 PM PDT by No Truce With Kings (The opinions expressed are mine! Mine! MINE! All Mine!)
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To: No Truce With Kings

This is illegal amnesty I can live with.


22 posted on 06/30/2008 5:51:18 PM PDT by yorkie01
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To: Ernest_at_the_Beach; Dog Gone; Dark Wing
I recall a Pasadena area story on this incident with two details which are almost always omitted from national coverage due to being very inconvenient:

1) Horn was on his own property when he killed the two perps;

2) The perps were on Horn's property too.

I.e., it doesn't matter why Horn went out there with a shotgun. When he killed the perps, he was defending his OWN property from felonious intruders.

23 posted on 06/30/2008 5:52:32 PM PDT by Thud
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To: Ernest_at_the_Beach

GOD BLESS AMERICA!

24 posted on 06/30/2008 5:57:20 PM PDT by jaz.357 (the best in a war, very dangerous otherwise.)
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To: ovrtaxt

Joe shot these guys in the back with a shotgun and got by with it.


25 posted on 06/30/2008 5:57:22 PM PDT by Eagle Eye (I'm a RINO cuz I'm too conservative to be a Republican. McCain is the Conservatives true litmus test)
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To: Ernest_at_the_Beach
Mr. Good Neighbor

Joe Horn


26 posted on 06/30/2008 5:59:47 PM PDT by XR7
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To: Ernest_at_the_Beach

I view my person as my castle in this case. I’m just saying in my mind the space I occupy at any given time is legally occupied as long as I’m not breaking the law. What the law says about this I am not sure. But better to be tried than buried so to speak.


27 posted on 06/30/2008 6:00:39 PM PDT by smaug6 (We can't afford to be innocent!! Stand up and face the enemy.)
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To: Ernest_at_the_Beach

What about that rancher that lost his ranch to the illegal perps in much the same situation, except that they unfortunately happen to have survived and then sued? Can he sue for recovery? I don’t remember the details, if anyone does, please share.

the Deets


28 posted on 06/30/2008 6:00:54 PM PDT by ebiskit (South Park Republican)
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To: Ernest_at_the_Beach

What about that rancher that lost his ranch to the illegal perps in much the same situation, except that they unfortunately happen to have survived and then sued? Can he sue for recovery? I don’t remember the details, if anyone does, please share.

the Deets


29 posted on 06/30/2008 6:01:04 PM PDT by ebiskit (South Park Republican)
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To: Ernest_at_the_Beach; devolve

[Unprecedented ]

Like yeah, it’s novel, never been done before........!!
The libs just had to stick that word in there. I live in Texas and I have a gun and I’m a woman.

I will use it if necessary.


30 posted on 06/30/2008 6:02:43 PM PDT by potlatch (MICHELLE OBAMA - The gift that just keeps on giving....!)
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To: Ernest_at_the_Beach
So different from the Peoples Republic of New York, we would try to analyze the problem. I love it: the Southern People and People of Texas just stop the mutants right in their tracks./Just Asking - seoul62.......
31 posted on 06/30/2008 6:07:38 PM PDT by seoul62
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To: Ernest_at_the_Beach

Reference bump! ;-)


32 posted on 06/30/2008 6:08:40 PM PDT by Tunehead54 (Nothing funny here. ;-)
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To: Ernest_at_the_Beach
Man Cleared for Killing Neighbor's Burglars

I totally DISAGREE with decision! It is horribly wrong.

I can't believe our society has come to this.

This person who killed his neighbor's burglars had no right. He should have gotten his own burglars to kill. He should be made to pay triple damages and provide his neighbor 6 burglars to kill.

This is just plain wrong. Get you own damn burglars to kill and leave mine alone...

33 posted on 06/30/2008 6:08:45 PM PDT by Onelifetogive (Seriously, is freedom so complicated?)
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To: Ernest_at_the_Beach

Good!


34 posted on 06/30/2008 6:10:05 PM PDT by Nuc1 (NUC1 Sub pusher SSN 668 (Liberals Aren't Patriots))
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To: DoughtyOne
My stuff is my stuff. Stay away if you value your life.

I'll never forget the time I was at work and a couple of teens jumped the wall into our very small condo yard, 25 years ago...wifey called the Monrovia PD, and the two officers asked if we were home-armed; not having lived there long, she replied "no"....both told her to get weapons, learn how to use 'em, and suggested - in the event of a deadly showdown - to shoot/kill and simply tell the police that you were verbally threatened....."automatic case dismissal".

If burglars or attackers aren't "around" to dispute you, any DA will accept your word that you were threatened, and "in fear".

35 posted on 06/30/2008 6:13:23 PM PDT by ErnBatavia (...forward this to your 10 very best friends....)
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To: Ernest_at_the_Beach

I graduated from Pasadena (TX) High School in 1955 — and haven’t been back since. My classmates tell me that it is now totally “Hispanicized” and is, essentially, unrecognizable as the place where we grew up...


36 posted on 06/30/2008 6:16:11 PM PDT by TXnMA ("Allah": Satan's current alias...!!)
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To: Ernest_at_the_Beach

Grand Jury nullification.


37 posted on 06/30/2008 6:18:43 PM PDT by devere
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To: ebiskit; kcvl; Southack

August 19, 2005

Two Illegal Immigrants Win Arizona Ranch in Court Fight
http://www.freerepublic.com/focus/f-news/1466446/posts



38 posted on 06/30/2008 6:19:54 PM PDT by The Spirit Of Allegiance (Public Employees: Honor Your Oaths! Defend the Constitution from Enemies--Foreign and Domestic!)
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To: Ernest_at_the_Beach
Stephanie Storey, De Jesus' fiancée, wanted to see Joe Horn prosecuted.

They were illegal. She is an accessory to the crime. Why is she walking free?
39 posted on 06/30/2008 6:20:31 PM PDT by PA Engineer (Liberate America from the occupation media.)
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To: Ernest_at_the_Beach
shooting bad guys is a time-honored tradition,

I wasn't born in Texas, but I got here as soon as I could.

40 posted on 06/30/2008 6:26:27 PM PDT by TexasCajun
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To: Thud

The local newspapers were on a campaign to see Horn indicted. I’m sure they’ll have an editorial tomorrow morning denouncing this.

I am sick to death of the relatives of the perps demanding justice.

Here’s some justice. Don’t be stupid and attempt burglaries in front of well-armed Texans or you might get your ass blown off.


41 posted on 06/30/2008 6:28:08 PM PDT by Dog Gone
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To: TXnMA
In 1955 Pasadena was 30 miles from Houston.
42 posted on 06/30/2008 6:34:27 PM PDT by TexasCajun
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To: Ernest_at_the_Beach

I shed no tears for the bad guys but I also think he went too far. Excesses like that will get the laws to swing back too far in the other direction and that will hurt us all. He got very lucky with the grand jury.


43 posted on 06/30/2008 6:40:19 PM PDT by NonValueAdded (If it is going to take 10 years, shouldn't we get started? Drill here, drill now, pay less.)
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To: MaryFromMichigan

wOW...That is pathetic.


44 posted on 06/30/2008 6:47:22 PM PDT by NucSubs (Cognitive dissonance: Conflict or anxiety resulting from inconsistency between beliefs and actions)
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To: Eagle Eye
Joe shot these guys in the back with a shotgun and got by with it.

If this happened a lot more often, the crime rate would fall right off a cliff. Those guys are not known for their courage.

45 posted on 06/30/2008 6:50:06 PM PDT by BlazingArizona
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To: Ernest_at_the_Beach

Great news BUMP! ! ! ! !


46 posted on 06/30/2008 6:51:55 PM PDT by BOBTHENAILER (One by one, in small groups or in whole armies, we don't care how we do it, but we're gonna getcha)
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To: NonValueAdded
He got very lucky with the grand jury.

I take it you're not very familiar with Texas and Texans?

It was widely expected here that the grand jury would decline to prosecute.

47 posted on 06/30/2008 6:51:59 PM PDT by Bear_in_RoseBear (Slide.)
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To: Ernest_at_the_Beach
A Texas man who shot and killed two men he believed to be burglarizing his neighbor's home

If ABCDisney News thinks they have any evidence to the contrary that these men were engaging in a criminal act they should speak up now.

Otherwise it is a slur to omit details of criminal action on the part of the invaders and suggest that the man was "in error" believing them to be criminals.

48 posted on 06/30/2008 6:59:52 PM PDT by weegee
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To: 1riot1ranger; Action-America; Aggie Mama; Alkhin; Allegra; American72; antivenom; Antoninus II; ...

Houston PING


49 posted on 06/30/2008 7:03:17 PM PDT by weegee
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To: 1riot1ranger; Action-America; Aggie Mama; Alkhin; Allegra; American72; antivenom; Antoninus II; ...

Houston PING


50 posted on 06/30/2008 7:03:45 PM PDT by weegee
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