Dramatic 911 call from right before shooting released (Audio at link)

KTRK ^ | 11/15/07 | KTRK

[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.

[from occupied ga]

but this could be bad because it was daylight and the cop told him not to go outside

911 operators are not police.

[from occupied ga]

Any burglar who’d be brazen enough to act in his criminal manner in “broad daylight”

More burgularies occur during the day than at night. (people away at work/school/etc.)

[SWAMPSNIPER]

I am happy when my neighbors watch out for my property, and I do the same for them. All the fault is on the burglars, they got what they asked for.

[LonePalm]

I wish we could import that bit of law to NJ.

Garde la Foi, mes amis! Nous nous sommes les sauveurs de la République! Maintenant et Toujours!
(Keep the Faith, my friends! We are the saviors of the Republic! Now and Forever!)
LonePalm, le Républicain du verre cassé (The Broken Glass Republican)

[Syllojism]

I think you’re incorrect about being legally able to use deadly force to protect another’s property. The law you quoted requires that 9.41 be satisfied first, and 9.41 specifically states that you must either be in lawful possession of the property or you’ve just been unlawfully dispossessed of it. Either way, the biggest legal problem is going to be the fact that you’re only justified in using necessary force, and he’s on tape saying he’s going to go shoot first and ask questions later, and the guys were unarmed.

[WL-law]

“It will be interesting to see how this plays out.”

I think you can safely assume that its not going to turn out well for Mr, Horn.

He did NOT have the rights of a homeowner in this case — it wasn’t his home.

You can argue that he DOES have the right to make a citizen’s arrest, based on general common law principles, but he has to stay carefully within the authority that the police have, otherwise he would be liable for false imprisonment and, here, for much worse.

[WL-law]

Ah! This happened in Texas — I saw Pasadena and assumed California. Well, Horn’s chances just improved dramatically!!

[Flintlock]

I would LOVE to have this guy as a neighbor.
I’d buy him a CASE of double-ought buckshot, too!
Mebbie two cases.

[chuckles]

....."911 operators are not police.".....

They wear the uniform in many Texas cities. I don't personally know about Pasadena. I worked on the 911 equipment (Mars)for the phone company in many small towns in East Texas before I retired.

[P8riot]

Looks to me like he was desperately trying to get the cops to come out, at least to prevent him from shooting the guys, otherwise he'd have called them after the fact.

It's kinda like the story of the guy that calls the cops to report someone is burglarizing his workshop, and 15 minutes later (cops still not there) call and tells them "nevermind, just come pick up the bodies." They are there within a minute after that.

[from occupied ga]

They wear the uniform in many Texas cities

That may be true in Texas. Not true here. Don't go to the police academy, aren't sworn etc.

[from occupied ga]

He did NOT have the rights of a homeowner in this case

did you read post #6?

[af_vet_rr]

Any burglar who’d be brazen enough to act in his criminal manner in “broad daylight” is one who hasn’t any fear of repercussions.

Actually a lot of theft/burglary is committed in the daytime when people aren't home. A lot of burglars do not like breaking in to homes at night, for fear of confrontation, unless they are 100% absolutely sure that the homeowners are not there (as in they have knowledge that they've left on vacation or something).

There was an interesting study done on burglars a while back, and the reason why many chose burglary over other forms of theft such as holding up people or stores is that they wanted to avoid confrontation.

[Q_in_Kansas]

This line of the law doesnt say it must be after dark -

(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or

[SwinneySwitch]

Police have not found the families of the dead men, who both are in their 30s. One had identification indicating he was from Puerto Rico, the other had documentation indicating he may have been from Puerto Rico, Colombia or the Dominican Republic, Capt. Corbett said.

Documented illegals?

[FreedomCalls]

Mr. Horn mentions that they were doing this in the “broad daylight”. Do you know how this affects it?

The statute says "theft in the night" and lets "burglary" stand without qualifying it as being required to be at night. So perhaps, and IANAL, use of deadly force against burglary in the day could be defended under the statute.

[FreedomCalls]

I think you’re incorrect about being legally able to use deadly force to protect another’s property. The law you quoted requires that 9.41 be satisfied first, and 9.41 specifically states that you must either be in lawful possession of the property or you’ve just been unlawfully dispossessed of it.

You don't think the neighbor was in lawful possession of the property in his house?

Either way, the biggest legal problem is going to be the fact that you’re only justified in using necessary force, and he’s on tape saying he’s going to go shoot first and ask questions later, and the guys were unarmed.

The statute allows deadly force "to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property."

[SwinneySwitch]

Posted today, Dave.

[chuckles]

From the looks of some of the 300 pounders, I don’t think they went to the academy either.

[af_vet_rr]

Documented illegals?

You are aware that Puerto Rico is a part of the USA, right? I'm not sure where you went to school and would not want to judge you, but trust me, Puerto Rico is a territory of the United States of America.

Now if you are implying that their documents were forged, then that's another story and I see what you are saying.