Robbery @ MindSay 
crime
POSTED: 1:10 pm CDT June 30, 2008
UPDATED: 6:39 pm CDT June 30, 2008
HOUSTON -- A Pasadena homeowner who fatally shot two men suspected of burglarizing his neighbor's house was cleared by a Harris County grand jury on Monday, KPRC Local 2 reported.
Joe Horn's attorney, Tom Lambright, said that his 62-year-old client "acted in self-defense and had no choice."
Grand jurors announced the decision to not have charges filed against Horn after gathering evidence for two weeks, including hearing testimony from Horn.
Pasadena police said Horn killed burglary suspects Hernando Torres, 38, and Diego Ortiz, 30, by shooting them in the back at about 2 p.m. on Nov. 14 as they ran from Horn's neighbor's house in the 7400 block of Timberline Drive.
"Today, having heard and considered all the evidence, the grand jury no-billed Joe Horn. I can tell you the grand jury conducted a thorough review of the evidence and the testimony," Harris County District Attorney Ken Magidson said.
"I think evidence showed Joe was within his legal rights to do what he did. He didn't want to do it. But he didn't have any other alternative. (In a) situation like that, it occurred so fast, there was no time for thinking," Lambright said. "This was a bad situation. Joe didn't want to be there. I hope no other homeowner is ever placed in that position. Joe was not some kind of wild cowboy. He was trying to help police. He got put in a situation that any one of us could find ourselves in."
Horn called 911 and told a dispatcher he witnessed two men break into his neighbor's house and that he would shoot if he stepped outside.
Horn told a 911 operator to hurry police because he was not going to let the men get away.
Horn: "I can't take a chance on getting killed over this, OK?"
911: "No."
Horn: "I'm going to shoot."
911: "Stay inside the house and don't go out there, OK?"
A few minutes later, Torres and Ortiz, both illegal immigrants, were dead.
Horn's attorney said the grandfather regretted killing the men, but that Horn acted in self-defense. Texas law gives homeowners the right to use deadly force to defend lives or property.
"It could have been, they believed Joe Horn. It could have been they believed the castle doctrine applied. It could have been they thought anybody confronted with two burglars coming out of their neighbor's house in broad daylight deserved the ultimate punishment," said Brian Wice, Local 2's legal analyst.
The district attorney was asked what message the grand jury's decision might send.
"I think the message we're trying to send out here today is that the criminal justice system works. That every case will be looked into thoroughly and appropriately, and every case will be judged on its merits," Magidson said.
Horn was hailed as a hero by some and condemned as a killer by others. Hundreds on both sides demonstrated outside his Pasadena home after the shootings.
"There is not a snowflake chance in (expletive) that an African-American could have done what Joe Horn did and not be locked away in the Harris County jail," community activist Quanell X said in a statement Monday.
District Attorney's Statement
District Attorney Kenneth Magidson issued the following statement regarding the decision of a Harris County grand jury to no-bill Joe Horn.
"In June, after the conclusion of a long and exhaustive investigation by the City of Pasadena Police Department into the deaths of Hernando Riascos Torres and Diego Ortiz on November 14, 2007, our office presented the results of that investigation and all relevant witnesses to a Harris County grand jury for them to determine whether any criminal offense had been committed by Joe Horn, in relation to their deaths. Today, having heard and considered all of the law and evidence, the grand jury no-billed Joe Horn.
"Although, by state law, I cannot discuss the actual proceedings in the grand jury, I can tell you that the grand jury conducted a thorough review of the evidence and testimony. They considered the relevant criminal statutes in Texas, including those pertaining to homicide, use of deadly force, self-defense, and defense of property. In short, before making their decision, they were as well-informed on the facts and circumstances of this case as any deliberative body could be.
"I also understand the concerns of some in the community regarding Mr. Horn's conduct. The use of deadly force is carefully limited in Texas law to certain circumstances, and each case stands or falls on its particular facts.
"This office will continue to aggressively prosecute anyone who illegally engages in the use of force, deadly or otherwise, against another. In this case, however, the grand jury concluded that Mr. Horn's use of deadly force did not rise to a criminal offense.
"As independent decision-makers of probable cause in our most serious criminal cases, the grand jurors deserve our deference and respect for their role in our criminal justice system."
City of Pasadena Statement
"With a decision by the grand jury not to return a true bill against Mr. Horn, a panel of citizens drawn from the community has determined that the facts of the incident did not warrant the handing up of an indictment for criminal actions. The grand jury, hearing the available facts and witnesses as well as the law to be applied in this case, is in the best position to make that determination.
"Mr. Horn has satisfied the state, through the grand jury process, that his actions do not warrant criminal prosecution on these charges. We hope that the decision of the grand jury, while difficult for some to accept, will be respected as the product of a careful weighing of all the facts by an impartial panel of citizens.
"This incident has been a tragedy for all those involved, changing lives forever. The obvious lessons that can be drawn from it are that criminal activities are inherently a dangerous lifestyle, and the prevention and pursuit of those involved in criminal actions are best left to the police. They are professionals trained to meet the unexpected circumstances of pursuit and apprehension. The City of Pasadena intends to continue to provide its police force whatever resources required to assure our citizens that their community remains a safe place to live and work."
I may not have my facts right, and I may be the odd one out here, and of course you are free to disagree with me. But I think this guy should have been prosecuted. I've been following this on the news and via some other sources and what I got from the whole thing is that this guy saw his neighbor's house being burgarlized, he called 911, then went outside and started shooting. They even said the autopsy report says they were killed by shotgun pellets in their backs.
First off, you don't go outside into harm's way. Second, you don't shoot someone who is running away. If they were in his house or he had been outside during all of this already, and these guys went after him, then open fire. But I got neither of those thoughts from what I heard and saw. And shots to the back typically say the guys were running away.
I am not for defending the rights of criminals, believe me. I do, however, strongly support the idea that you do not shoot someone in the back. Just my two cents, even if it ain't worth that much.
Last Edited: Friday, 23 May 2008, 10:36 AM EDT
Created: Friday, 23 May 2008, 10:20 AM EDT
MyFox Local News
MT. GILEAD, N.C. (WGHP) -- A woman shot a robber to death after he and another man rammed their car into her convenience store, police said.
According to police, Joseph McRae and Jeffrey Lyles attempted to rob the shop owned by Bouaphan Chanthunom on McLeod Rd. The pair rammed their car through the front of the store and Chanthunom, knocking her to the ground.
After getting up, Chanthunom grabbed her rifle and started firing at the two men. She shot and killed the driver, McCrae, and injured Lyles. She was taken to a hospital for injuries sustained after the building partially collapsed on her.
According to police, no charges will be filed against the store owner because the shooting was in self-defense.
What a day yesterday!
Yesterday was meant to be an enjoyable day… We went to Lyon, H, Dad and I, to spend the morning and lunchtime there…
H. and I had a nice shopping time and walk (well… we did not buy much at all… but it was nice to walk in the warm weather)… We went to the mall, then walked to a music shop, stopped by the bank of the river to watch ducks swimming…
We were meeting Dad in front of the Lyon Opera at around 12… so we had time to get into the Opera to see what shows were scheduled…
I could not resist buying two tickets to go and see A Midsummernight’s Dream in April (click here). I love Shakespeare’s play, it is great, the movie by Michael Hoffman is really interesting too (click here)… so I had to give in to the appeal of the fairy-world…
I can’t wait to be there, even though we could not really buy the more expensive seats, and that we will probably not be able to see the whole stage…
After that, Dad arrived and we went into a typical Bouchon Lyonnais (little Lyon restaurant) and had a nice meal.
After our meal, we came back home and that’s when the day transformed into a shitty day!
After a couple of minutes at home, we realized that we had been broken into… toll of the robbery:
$ 2000 - gone
my engagement ring – gone
my 20th-birthday ring in white gold, sapphire and diamonds offered by dad and by late mum– gone
a necklace and golden earrings, keepsakes of my late grandmother – gone
a beautiful long jade pendant from New-Zealand – gone
an ancient fob watch that belonged to H and had been offered to him by my dad – gone
a whole and brand new bottle of expensive perfume that had been given to me by Suzanne - gone
… After a while, we saw a suspect car parking not too far from the house, in our neighbours’ driveway (, who were not waiting for anybody, by the way)…. They left as soon as they saw us… I’m almost sure that they were coming back for our equipment!!!
And I’m expecting them to come back again when they get the opportunity.
My dad had the quick and appropriate reaction to get into his car, catch up with them discreetly (they kept on behaving strangely, stopping by another house and checking it) and write down the number of their license plate, which we communicated to the police… I’m hoping those were indeed the thieves and that something will be done about it!
Another consequence… I did not sleep much… H did not either… and I could not work as I had planned… so now I have a lot of work to catch up with… It implies huge amounts of work to be done for the coming 3 weeks at least!!! I’m pissed!
Anyway… no more days like that ever again!
.This morning was going well... I got up in plenty of time to get to my internship at 9, showered, dressed... everything was going great until I went downstairs.
.The front door was wide open, rain pouring in.
.I immediately checked everything nearby that was of any value. Nothing had been touched. No wet footprints tracked into the house. Nothing seemed out of place at all. I checked the entire house--any hiding place I could think of--where someone could be hiding and found no one. But the door was wide open...
.It was difficult for me to admit to myself, but I must have forgotten to go back, close and lock up the bars and door when I got home from grocery shopping last night. Most likely, I left the door cracked and the wind blew it open later on. If this is the case, the door has been open since yesterday evening around 6 pm.
.This scares the hell out of me. If I can forget to lock up the door once, I can do it again. Next time, it won't just be the wind and rain that take a peak inside--it will be a thief or a murderer. Why am I so absent-minded?
Wow I am not even from NJ and I don't believe the police!!!!! I would be demanding the Mayor to get the hell otu of office, the police commissioner to give up his job, and I would be demanding a higher reward then 50 thou for the information of who shot those kids!
Come on this was no random robbery like the police are hinting at! These four, young, bright with their futures in front of them were killed! Exuctuionest style! Kneeling, facing the wall, and shot in the head! This was no robbery!
Sounds like the police don't want to do their jobs out there in NJ!
My prayers, thoughts, and many blessings go to all four families but especially to the three that loss their future generations!
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