Joe Horn Cleared By Grand Jury In Pasadena Shootings
Panel issues no-bill after two weeks of testimony
By BRIAN ROGERS and RUTH RENDON (Houston Chron)
A Harris County grand jury decided today that Joe Horn should not be charged with a crime for shooting two suspected burglars he confronted outside his neighbor’s home in Pasadena last fall.
The decision to clear Horn of wrongdoing came two weeks after the grand jury began considering evidence in the case, including Horn’s testimony last week.
Horn, a 62-year-old retiree, became the focus of an intense public debate after the Nov. 14 shootings. Many supporters praised him as a hero for using deadly force to protect property, while others dismissed him as a killer who should have heeded a 911 operator’s instructions to stay in his house and wait for police.
Horn called authorities after hearing breaking glass and seeing two men climb through a window into his next-door neighbor’s home in the 7400 block of Timberline.
The 911 operator urged Horn to remain inside, but he went outside with his 12-gauge shotgun and came face-to-face with Diego Ortiz, 30, and Hernando Riascos Torres, 38.
According to a transcript of Horn’s 911 call, which he made about 2 p.m., the operator repeatedly urged Horn to stay in his house, but Horn said he did not believe it would be right to let the burglars get away.
“Well, here it goes, buddy,” Horn can be heard telling the operator. “You hear the shotgun clicking and I’m going.”
The operator replies: “Don’t go outside.”
Then the tape records Horn warning someone: “Move and you’re dead!” Two quick shots can be heard, followed by a pause and then a third shot.
Pasadena police Capt. A.H. “Bud” Corbett said a few weeks after the shooting that a plainclothes detective had parked in front of Horn’s house in response to the 911 call. He said the detective saw the men between Horn’s house and his neighbor’s before they crossed into Horn’s front yard.
It appeared that neither Horn nor the men knew a police officer was present, Corbett said.
“It was over within seconds. The detective never had time to say anything before the shots were fired,” Corbett said. “At first, the officer was assessing the situation. Then he was worried Horn might mistake him for the ‘wheel man’ (getaway driver). He ducked at one point.”
When Horn confronted the suspects in his yard, he raised his shotgun to his shoulder, Corbett said. However the men ignored his order to freeze.
Corbett said one man ran toward Horn, but had angled away from him toward the street when he was shot in the back just before reaching the curb.
“The detective confirmed that this suspect was actually closer to Horn after he initiated his run than at the time when first confronted,” said Corbett. “Horn said he felt in jeopardy.”
Ortiz and Torres died a short distance from Horn’s house, both shot in the back.
As the grand jury began hearing evidence in the case this month, Horn’s attorney, Tom Lambright, said recently that Horn regrets his decision to confront the men.
“Was it a mistake from a legal standpoint? No. But a mistake in his life? Yes,” Lambright said. “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.”
Lambright said Horn 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.
The shooting brought hundreds of protesters to the Village Grove East subdivision where Horn lives with his daughter and her family. One protest included supporters of Houston activist Quanell X and motorcyclists countering his remarks. The protest which brought hundreds to the neighborhood led to the Pasadena City Council to approve a city ordinance banning protests in front of a residential home.
Aside from the shooting itself, the national debate revolved around the fact that Ortiz and Torres were illegal immigrants from Colombia. Torres had been sent to prison for dealing cocaine and was deported in 1999.
P.S.
(nods Texasmom)
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Lambright said Horn didn’t expect to be involved in a shooting, but rather expected to see the two men running or driving away.
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this is why you don’t pull a weapon on someone unless you’re expecting to kill them - a weapon is not intended to scare someone off or to gain psychological advantage, it’s intended to kill them. to use it otherwise is a gross misuse of a weapon
June 30th, 2008 at 1:40 pmso when does he get his “good citizen” award for protecting his neighbors property???? i think his street is safe to walk in after dark, just don’t walk up the wrong path…
June 30th, 2008 at 2:00 pmYes and know Caligula. I have never had to use a firearm stateside, but have used them to cause some instant reflection in a few people who rated it.
I think it would be better to say don’t present a firearm unless you are willing to use it. At that point its a liablility, Horn, was obviously willing to use his.
You stick it in his face and tell him to get down on the ground and he does you prolly should not shoot him at that point. You go outside and rack the shotgun only to see the bottoms of there sneakers at they haul ass down the street away from your car you prolly shouldnt put slug to ass either.
Firearms are a wondeful deterant to crime, you see for criminals its a pass/fail kind of test… You don’t get a second chance when someone says stop. Maybe they dont mean it, maybe they dont have it in them to use it or maybe they will scrape your head off… Lot of risk for a stereo ya know?
That and they are the ultimate equalizer, my wife isnt much in a fist fight, but she carries and would use it if she needed to. How the feminist groups want to disarm women never ceases to baffle me…
June 30th, 2008 at 2:01 pmJoe Horn for President. A brave man who stood up for what was right and won. Could have went either way. He saved everyone some money and sent a message. Don’t come over hear to steal or you will be shot. Clean
You know he could of just wounded them. I know for a fact, if he had, it would be law suit and “take care of me” bills for the next 20 years by the two burglars.
Joe gambled and won…
June 30th, 2008 at 2:02 pmThis Is a good day to be a True Blooded NRA Carrying American!!!
All people who try to harm myself or My Family!! Or some Libtard who tries to give my Country Away!!
JOE HORN
June 30th, 2008 at 2:17 pmThere should be a “shoot on sight” pass with regards to Columbian drug-dealer illegals.
As for the cop, I’m sure his car was equipped with flashers and siren; a one-second blast of those would have frozen the scene long enough for him to take charge — if he had the guts.
June 30th, 2008 at 2:46 pmI feel for Horn. Law-abiding citizens should not have to be put in this situation. This is what our laws, and the police are supposed to stop. But, you know what, his neighbors and other law-abiding citizens don’t have to be worried about getting robbed by these two wastes of good air anymore. Fuck them. They got what they deserved.
June 30th, 2008 at 3:17 pmJoe Horn you are a hero. not a criminal, i have said that since day one. I wish everyone had a neighbor like this watching after their property when they are not around.
June 30th, 2008 at 5:52 pmI will never, ever take the side of criminals. Joe Horn is an American hero. I wish Joe was my neighbor.
June 30th, 2008 at 7:03 pmSooner or later these two would have killed some unarmed citizen while robbing them. THEY GOT WHAT THEY DESERVED!
June 30th, 2008 at 7:24 pmJoe Horn, a REAL American role model.
June 30th, 2008 at 8:13 pm