Posted on 06/17/2008 7:32:15 AM PDT by BnBlFlag
June 17, 2008, 3:11AM Grand jury could decide on Horn case this week
By BRIAN ROGERS Copyright 2008 Houston Chronicle
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Joe Horn, the Pasadena man who shot and killed two burglars after they emerged from his neighbor's home last year, regrets that decision, his attorney said Monday as a Harris County grand jury began hearing evidence in the case.
"Was it a mistake from a legal standpoint? No. But a mistake in his life? Yes," said defense lawyer Tom Lambright. "Because it's affected him terribly. And if he had it to do over again, he would stay inside.
"I don't think anybody can really appreciate the magnitude that something like this has on a person's personality."
Horn's decision to ignore a 911 operator's advice to stay inside and instead confront and fatally wound two men he saw burglarizing a neighbor's home on Nov. 14 made him the subject of national media scrutiny.
Lambright said Horn, 62, didn't expect to be involved in a shooting, but rather expected to see the two men running or driving away.
"He thought he was gathering evidence for the police department," Lambright said.
Autopsies of Diego Ortiz, 30, and Hernando Riascos Torres, 38, two unemployed illegal immigrants from Colombia, revealed they died from wounds inflicted by Horn's 12-gauge shotgun. Police said both were shot in the back as one moved toward Horn and then angled to the curb, while the other fled in the opposite direction.
Horn caught them leaving the neighbor's house with a sack containing more than $2,000 in cash and jewelry, police said.
A Harris County grand jury has begun hearing evidence as it considers whether the retired grandfather should be indicted and face criminal charges, or be no-billed and have the case dismissed.
Lambright said he has not decided whether Horn will testify before the grand jury. Horn has been invited to tell his side of the story, but his attorney would not be allowed in the room.
"He's upbeat," Lambright said. "But he would like to have this case behind him."
Lambright also said Horn now remembers more about the incident.
"A lot of it was a blur when it first happened."
The panel could make a decision by the end of the week, a spokesman for the Harris County District Attorney's Office said.
Scott Durfee would not confirm anything about a possible grand jury presentation, including when or whether one is taking place, but said a resolution is "very likely by the end of the month" and "could be as early as the end of the week."
Durfee has said scientific testing, including autopsies, delayed the grand jury presentation.
District Attorney Ken Magidson confirmed that the matter is pending before a grand jury, but he added: "The Code of Criminal Procedure directs that grand jury proceedings are secret."
brian.rogers@chron.com
COMMENTS Readers are solely responsible for the content of the comments they post here. Comments are subject to the site's terms and conditions of use and do not necessarily reflect the opinion or approval of the Houston Chronicle. Readers whose comments violate the terms of use may have their comments removed or all of their content blocked from viewing by other users without notification. Most recommended comments SANB wrote: What a waste of time and taxpayer money. The DA who is presenting should be fired and charged with prosecutorial misconduct. 6/16/2008 12:07:34 PM Recommend (423) Report abuse
GrandmanRichmond wrote: I cannot believe that Houston's taxpayers money is be wasted on trying to decide whether or not to indict Joe Horn. He did the right thing in getting rid of these two. They certainly weren't fine, upstanding young men. They were criminals. 6/16/2008 12:14:16 PM Recommend (307) Report abuse
LCD wrote: poolrock wrote: We do NOT live in a vigilante society - Joe Horn is NO hero even if the people he shot were robbers, theives and the dregs of society. ******************************************************************* Texas law allows what he did to be done, and I back him 100%...you on the other hand should thank people like Horn. Home burglaries in the Houston area have dropped since this incident......Joe Horn is the man. 6/16/2008 12:17:49 PM Recommend (265) Report abuse
LCD wrote: GOod, lets get this behind him....The prosecution has no authority not to have this heard by the Grand jury, that is Texas law...... I am excited about it because I know the outcome is going to be No Billed and Joe Horn can relax and know that what he did was RIGHT.
Joe Horn Community Watch and Hunting Club Pasadena texas 6/16/2008 12:14:56 PM Recommend (119) Report abuse
TRex10 wrote: Thank you again, Joe Torres... Like I always say, if you don't want to die for stealing, then DON'T STEAL! Case closed! 6/16/2008 12:07:14 PM Recommend (116) Report abuse
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Houston Ping!
If properly presented to the Grand Jury, they would issue a No Bill with the comment, “If by chance Mr. Ortiz and Mr. Tores are not actually dead and are ever found alive, the Grand Jury members reserve the right to be allowed to be the first to shoot them!”
Remember the words of the Polk County (Lakeland, Florida area) Sheriff when questioned as to why his SWAT team shot an escaped cop-killer 93 times:
“They ran out of bullets after that.”
One clear lesson: Don’t be a burglar in Texas.
LOL! Excellent answer!
That is not the exact quote. I saw it live here in Orlando. They had a scum bag holed up in a gopher hole that earlier shot a deputy point blank when he pulled the creep over.
Some knee-jerk or just plan jerk liberal reporter asked the good Sheriff why they shot him so many times.
The good Sheriff didn't blink. He said "We ran out of bullets."
Ok
I wish I was on this grand jury. I’d give the guy a medal.
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