Legal Commentary

Murder or Defense of Property?

By TChris

Texas goes farther than most states in authorizing the use of deadly force to prevent a thief from making off with property. The more common and sensible position recognizes that a thief should not suffer death at the discretion of a vigilante property owner, that human life has greater value than property. That is not the Texas view.

And so it is shocking to the sense of justice but not surprising to learn that a grand jury declined to indict Joe Horn, who made no secret of his intent to gun down two people who had burglarized his neighbor's house. During a 911 call (listen here), Horn asked if he should intercede to prevent burglars from escaping. (Horn misidentified the burglars as black men.) The dispatcher assured Horn that officers were on their way, warned him to stay inside and reminded him that "Property’s not worth killing someone over, OK?" After Horn saw the men climbing out of the window, Horn said "I'm gonna kill 'em." Horn told the dispatcher "here it goes, buddy. You hear the shotgun clicking and I’m going." Horn is soon heard yelling "Move, you’re dead!" followed by gunshots. Horn shot both men in the back, although he claimed he had no choice because they were running through his yard. [more ...]

Horn was aware that he was privileged to shoot thieves and he was itching to do it. He assured the dispatcher that the laws had changed in this country. The law changed for the worse when Texas authorized the use of deadly force under broad circumstances in defense of property. If Horn's actions don't warrant an indictment, it's fair to ask whether there's any law left in Texas at all.

Protesters complained on Thursday and Friday that the Harris County District Attorney made no serious effort to indict Horn. Rep. Sheila Jackson Lee wants to hold hearings to investigate "the many downfalls" of the Harris County judicial system, the Horn case among them. Other Harris County scandals are discussed here.

Full post as published by TalkLeft on July 12, 2008 (boomark / email).