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Killing of burglars spurs legal debate. TX

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Comments

  • zipperzapzipperzap Member Posts: 25,057
    edited November -1
    quote:"Mr. Horn became judge, jury and executioner."

    ... so?

    +1
  • CutiegirlracingCutiegirlracing Member Posts: 2,595 ✭✭✭✭✭
    edited November -1
    That God he didn't use an AK47. He'd already been hung.
    I don't think there's enough information here to really decide if he did the right thing of not. Property isn't worth killing over, but from what I've read I wouldn't bring charges up either. So I'm kind of spilt on it.
  • ObiWanObiWan Member Posts: 1,054 ✭✭✭✭
    edited November -1
    America has hope.

    He did the right thing.....well minus the calling 9-1-1 part.

    There's a lesson for all there.....[}:)]
  • HighballHighball Member Posts: 15,755
    edited November -1
    All you folks protesting that 'taking a life over property' is a bad thing are completely missing the crux of the matter.

    Remember Clinton being Impeached ? Not for sex..but because he LIED about it ?

    Its NOT THE PROPERTY...its about the absolute RIGHT to own that property without some slimebag coming along to steal it from you !!!
    That ABSOLUTE RIGHT IS INDEED worth killing over !!

    Just because your senses have been jaded and blunted by wallowing in seas and mountains of 'stuff' DOES NOT change the facts !!

    ItS' MINE...if you don't want to be shot...STAY AWAY FROM IT !!

    Another poster, another thread, protested that 'we are a civilized society, now'..count me as a savage.
  • bpostbpost Member Posts: 32,669 ✭✭✭✭
    edited November -1
    quote:Originally posted by Highball
    All you folks protesting that 'taking a life over property' is a bad thing are completely missing the crux of the matter.

    Remember Clinton being Impeached ? Not for sex..but because he LIED about it ?

    Its NOT THE PROPERTY...its about the absolute RIGHT to own that property without some slimebag coming along to steal it from you !!!
    That ABSOLUTE RIGHT IS INDEED worth killing over !!

    Just because your senses have been jaded and blunted by wallowing in seas and mountains of 'stuff' DOES NOT change the facts !!

    ItS' MINE...if you don't want to be shot...STAY AWAY FROM IT !!

    Another poster, another thread, protested that 'we are a civilized society, now'..count me as a savage.



    Well put and darn accurate.
  • dheffleydheffley Member Posts: 25,000
    edited November -1
    quote:Originally posted by dano
    If memory serves me well.....OJ was convicted in a civil court. [^]


    In Kalifornia, not Texas. Are you thick Dano?[}:)]
  • HighballHighball Member Posts: 15,755
    edited November -1
    Would indeed have to be some sort of LEO mentality to equate O.J.s killing innocent people with a decent citizen scrubbing out some trash.

    Just the sort of thing expected from LEOs.
  • HighballHighball Member Posts: 15,755
    edited November -1
    Ever heard of the Second Amendment, Dano ?

    Insurance against offficals deciding whom may or may not own weapons.

    Dimly grasp the concept of citizens being the REAL government of America...not government officals ?

    I do understand your type very nearly have achieved your ultimate objective..that being ONLY citizens approved by people like you may be armed...
  • HighballHighball Member Posts: 15,755
    edited November -1
    "Am I my brothers keeper' ?
    Clearly, this guy thought so..he made a pact with the neighbor to protect the property.

    My son ? I don't have one...and have thought long and hard over this exact scnerio.

    Given my mindset..I would grieve deeply..over my inability to raise a decent human being...and in the grief My inability caused some other citizen that had to shoot that son.

    Once again...its ISN'T the PROPERTY...it is about the slimebag perp that made the decision to commit suicide by invading my or somebody elses privacy and RIGHT TO OWN PROPERTY without being harassed.

    There is human life that is not worth saving...a sad fact.
  • dandydandy Member Posts: 221 ✭✭✭
    edited November -1
    Texas law states that you have a right to kill a burglar if they are getting away with property and you believe it will not be able to be returned to its owner. IN THE BACK JACK!! I love Texas. The media will blow this all up of course but I am pretty sure he won't go to prison, but it will cost him a lot of dough for a lawyer to defend him in the meantime.He can assume his neighbor didn't want to get ripped off and simply assist his wishes.
  • ElMuertoMonkeyElMuertoMonkey Member Posts: 12,898
    edited November -1
    quote:"Mr. Horn did not have to kill those people," Quanell X said during a protest. "Mr. Horn became judge, jury and executioner."My responses to those two items: "Yes he did" and "good for him".[}:)][:D]
  • dheffleydheffley Member Posts: 25,000
    edited November -1
    quote:Originally posted by dano
    Man....some of you are so friggin stupid, it's amazing......[V]

    Some of you shouldn't be within 100' of a firearm.......[xx(]


    Someone is pretty "stupid" (your word not mine) if they don't think that it's up to the jury, not the arresting officer when it comes to intent, extenuating circumstances and guilt. You obviously have no clue how the criminal and civil court system works, nor of the history of such trials in Texas. The one thing he has against him is he's in Harris county where the Texas Attorney General had to tell the county DA and police officers that if they continued to arrest Texas CHL holders for legally carrying a gun, they too would face state charges.

    You can't see past your local attitude to understand that not everyone (citizens, police and judges) see it the way you do. News flash, just because it's what you think doesn't make it so.

    I love you buddy, but you're wearing the BDU's a little too tight. This is Texas where citizens support citizens who defend life and property.

    Please take time to read the Castle Doctrine. While it doesn't apply directly here, Texas laws alows that someone can be the defacto property owner if the actual property owner is not present, especially if the actual owner has expressed the desire for the friend or neighbor to do so.

    Face it friend, you are speaking for your own state and it's laws, and like a democrat, you don't believe any other state should differ.

    That's just wrong.[V]
  • dandydandy Member Posts: 221 ✭✭✭
    edited November -1
    Texas also recently passed a bill that pretty well nixes civil suits on this type of situation, you get past the grand jury and the legal issues at least are over. A right to shoot an unarmed man??? Well we got it in Texas if he is running off with your property. Anybody wanna move here?
  • dheffleydheffley Member Posts: 25,000
    edited November -1
    quote:Originally posted by dano
    What part of the above gives a person the right to be become judge, jury and untimately....executioner?

    Nothing, but the Castle Doctrine (in Texas) does.
  • HighballHighball Member Posts: 15,755
    edited November -1
    quote: well regulated Militia, being necessary to the security of a free State
    Self explanitory, Dano..in black and white.

    You officials have fallen down on the job..haven't you ? The street cop may well be doing a splendid job..just getting no help from from above.

    When the average citizen sees scum running out the next door with property..and realizes that the chance of said perp ever being caught..if caught, the perp is back out on the street next day.whats a poor citizen to do ?

    He does what is RIGHT.RIGHT NOW.

    Better get used to it.because all over America, Citizens are pretty fed up with barbarians swarming over borders, slimebags stealing anything not welded down..and official ignoring of the problem.

    And..really...who better to make a such a decision...somebody arriving 30 moments after the perp has killed somebody or vanished...or a decent citizen observing the crime ?
  • dheffleydheffley Member Posts: 25,000
    edited November -1
    quote:Originally posted by dano
    What's just wrong....is GUNNING down an UNARMED person for taking property, and having that mindset even before carrying out the deed.

    Texas law or not, it doesn't get much more wrong than that.

    You can hide behind Texas law all you want. Still doesn't make it morally right.


    In your eyes, Texas and Texans believe differently, and I see you could never be a Law Enforcemnt Officer in Texas because you want to follow only the laws you agree with, and write new ones to fit in with what you believe. We call them rogue cops down here, and the good cops are the first ones to put them behind bars.

    Stay out of Texas. You won't like the accommodations we provide for those who write their own laws.

    PS, Texas law even provides for use of deadly force against a LEO for certain attemps to make illegal arrest or misuse his force against a citizen.

    Humbling, isn't it.
  • HighballHighball Member Posts: 15,755
    edited November -1
    Well, Dano..you are welcome to your opinion. Free country, all that...
    Thank God Texas and Oklahoma have a bit of common sense..instead of emotions about it.

    You are hung up on the word "Property"..and perfectly willing to give all MY Rights...PLUS the PERPS rights..to the Perp.

    Such sympathy for scum..bottom-dwelling mud feeders.
    Just too bad you couldn't spare a bit for the REAL victims..those violated by the underworld.
  • gruntledgruntled Member Posts: 8,218 ✭✭
    edited November -1
    quote:Originally posted by dano
    What's just wrong....is GUNNING down an UNARMED person for taking property, and having that mindset even before carrying out the deed.

    Texas law or not, it doesn't get much more wrong than that.

    You can hide behind Texas law all you want. Still doesn't make it morally right.


    What does get more wrong is stealing someone else's property.
  • dheffleydheffley Member Posts: 25,000
    edited November -1
    quote:Originally posted by dano
    You can keep Texas all to yourself. [xx(] Nothing in Texas appeals to me.

    Thank you, we will.

    quote:Originally posted by dano
    I have "issues" about shooting an unarmed person, that isn't threatening me.


    We see theft as a threat to us because we are damaged by the financial loss that we have worked hard for.

    On a personal note, I don't know of any property I own that I would be willing to kill over, but I could be overlooking something. That is not the issue here, the law and following it is. I am greatly disappointed that someone who is an acting LEO would not be willing to follow the law, even if he doesn't agree with it.

    Gut check time my friend. Maybe you should consider a career change.
  • dandydandy Member Posts: 221 ✭✭✭
    edited November -1
    a man works with tools or equipment that makes a living for his family. You think its right for a person to steal this family's livelehood? Maybe you should examine your morals? You have an opinion and welcome to it. We believe we have the right to defend our life and property, we should be given the same right you are exercising without being attacked .We don't keep this secret from our thieves and rapists here, they know what can happen. Maybe you should advertise here how good they would have it in your neighborhood.
  • spasmcreekspasmcreek Member Posts: 37,717 ✭✭✭
    edited November -1
    people who say using deadly force to protect property or person is wrong have already given up their rights...you have just made a public proclamation that you will sit by passively while criminals will be allowed to do what ever they wish...they DON"T CARE about your rights..... ohhh now call law enforcement to wipe up the mess...so many issues whether from my recent trespass & property damage issue to the missing girl from Eldorado seem to imply that LEO should be issued a mop as a tool...especially illegals who mostly operate under the radar...round trip, new name, muy bueno
  • Rack OpsRack Ops Member Posts: 18,596 ✭✭✭
    edited November -1
    quote:Originally posted by dano
    What's just wrong....is GUNNING down an UNARMED person for taking property, and having that mindset even before carrying out the deed.


    As I understand it the perps were armed with a crowbar, which is how they got in the house in the first place.

    BTW: I noticed you waffled on your bet
  • Rack OpsRack Ops Member Posts: 18,596 ✭✭✭
    edited November -1
    Out of curiousity, I played the 911 call for a retired Kentucky State Trooper I know.

    He said under that scenerio, the shooting would be justified in Ky. He even showed me the statute that said so. [^]
  • mateomasfeomateomasfeo Member Posts: 27,143
    edited November -1
    There is no correct answer to this question, no perfect all encompassing law to be written. It is a matter of facts, circumstances and personalities. Each case is different which is why we have a Grand Jury, then if needed a jury of our peers. While I personally wouldn't have pulled the trigger, if I'm on the jury, the dude walks. Getting killed as a thief is a hazard of the profession.

    This whole episode and the conversation above further show how critical it is to only point the gun and shoot it at someone as a last resort and with much restraint.

    This man will lose everything even if he wins.

    Nobody "wins" at a killing.
  • HighballHighball Member Posts: 15,755
    edited November -1
    quote:Nobody "wins" at a killing.
    Naturally..me being who I am...I must disagree with this statement.

    Perhaps a better way to say it is;
    In a feminized, weak, emotion-driven culture, nobody wins.
    Except, of course, the criminal that often kills to prevent first-person identification..or just because it feels good to their sick perversions...rarely is there a terrible official outcry for his scalp...such as there is for Mr Horn.

    Given a strong, dynamic, Virile culture...strong-minded people realize that there is always a certain percentage of people that cannot be salvaged under ANY system of punishment...and CERTAINLY not a rotten, corrupt system such as we have here in America.

    You take a young person and slam him in jail for his crimes..there perhaps would be a chance to straighten him out. Not in America...where corrupt jail officials wink at the gang homosexual rapes committed EVERY DAY.. Totally destroying any chance for a life after jail.
  • Rack OpsRack Ops Member Posts: 18,596 ✭✭✭
    edited November -1
    quote:Originally posted by Highball
    quote:Nobody "wins" at a killing.
    Naturally..me being who I am...I must disagree with this statement.


    I'll agree with it, but I do understand where you're coming from HB

    Mr. Horn is now in hiding, likely somewhere with friends or family.

    I don't believe he'll go to jail, but he's going to be hounded by the media, lawyers, ect...

    Life, as he knew it, is now over....it'll be years, if ever, before things get back to normal

    One can only hope his neighbors look out for him as he did for them.....
  • HighballHighball Member Posts: 15,755
    edited November -1
    quote:Perhaps a better way to say it is;
    In a feminized, weak, emotion-driven culture, nobody wins.
    I also agree with the statement..after clarifing it, as above.

    The proper response, in a healthy culture, is a nice steak dinner and an award given after the speedy inquest resolution.."Justifiable killing of two ghouls..case closed".
  • TrinityScrimshawTrinityScrimshaw Member Posts: 9,350 ✭✭✭
    edited November -1
    The neighbor taking things into his own hands reminds me of the story about the mouse trap.

    MOUSE TRAP STORY

    A mouse looked through the crack in the wall to see the farmer and his wife open a package.

    What food might this contain? The mouse wondered - he was devastated to discover it was a mousetrap.

    Retreating to the farmyard, the mouse proclaimed the warning: There is a mousetrap in the house! There is a mousetrap in the house!

    The chicken clucked and scratched, raised her head and said, "Mr. Mouse, I can tell this is a grave concern to you, but it is of no consequence to me." I cannot be bothered by it."

    The mouse turned to the pig and told him, "There is a mousetrap in the house! There is a mousetrap in the house!"

    The pig sympathized, but said, I am so very sorry, Mr. Mouse, but there is nothing I can do about it but pray.

    "Be assured you are in my prayers."

    The mouse turned to the cow and said "There is a mousetrap in the house! There is a mousetrap in the house!"

    The cow said, "Wow, Mr. Mouse. I'm sorry for you, but it's no skin off my nose."

    So, the mouse returned to the house, head down and dejected, to face the farmer's mousetrap alone.

    That very night a sound was heard throughout the house -- like the sound of a mousetrap catching its prey.

    The farmer's wife rushed to see what was caught. In the darkness, she did not see it was a venomous snake whose tail the trap had caught.

    The snake bit the farmer's wife. The farmer rushed her to the hospital, and she returned home with a fever.

    Everyone knows you treat a fever with fresh chicken soup, so the farmer took his hatchet to the farmyard for the soup's main ingredient.

    But his wife's sickness continued, so friends and neighbors came to sit with her around the clock.

    To feed them, the farmer butchered the pig.

    The farmer's wife did not get well; she died.

    So many people came for her funeral; the farmer had the cow slaughtered to provide enough meat for all of them.

    The mouse looked upon it all from his crack in the wall with great sadness.

    Like the mouse no one paid the neighbor any mind until he took action. Imagine the future ramifications if he hadn't shot these two creeps. So, the next time you hear someone is facing a problem and think it doesn't concern you, remember -- when one of us is threatened, we are all at risk. We are all involved in this journey called life. We must keep an eye out for one another and make an extra effort to encourage one another.

    Good job Mr. Neighbor, and good shooting.

    Trinity +++
  • mateomasfeomateomasfeo Member Posts: 27,143
    edited November -1
    quote:Originally posted by Highball
    quote:Nobody "wins" at a killing.
    Naturally..me being who I am...I must disagree with this statement.

    Perhaps a better way to say it is;
    In a feminized, weak, emotion-driven culture, nobody wins.
    Except, of course, the criminal that often kills to prevent first-person identification..or just because it feels good to their sick perversions...rarely is there a terrible official outcry for his scalp...such as there is for Mr Horn.

    Given a strong, dynamic, Virile culture...strong-minded people realize that there is always a certain percentage of people that cannot be salvaged under ANY system of punishment...and CERTAINLY not a rotten, corrupt system such as we have here in America.

    You take a young person and slam him in jail for his crimes..there perhaps would be a chance to straighten him out. Not in America...where corrupt jail officials wink at the gang homosexual rapes committed EVERY DAY.. Totally destroying any chance for a life after jail.



    I hear you, but...

    I have never killed another human being so maybe I'm way off, but I certainly have seen the aftermath up close and personal.

    Even if a killing was justifiable, say like in a war, it still leaves scars on the justified "killer."

    That is why I said nobody wins at a killing.
  • TxsTxs Member Posts: 17,809 ✭✭✭
    edited November -1
    quote:Originally posted by dano


    In summary:

    I thought I knew the facts of law here because I watch TV, but that's really neither here nor there. I was actually motivated to jump in on this by how I would've handled things.

    I believe that such laws should be changed to get more in line with my personal beliefs. The will of the people be damned because I find this guy's actions personally offensive and we should have laws to make others act more like me.

    Dang dano, that sounds alot like soccer mom thinking.[:D]
  • lindalecowboylindalecowboy Member Posts: 1,909 ✭✭✭✭✭
    edited November -1
    As I've said on this forum before, I pray I never have to find out WHAT I would do in his shoes. I want to believe that I would have done what others have suggested and that is to demand they FREEZE and then if they moved, especially toward me, all bets are off. I agree with the one assessment of the situation that if shot in the chest, they likely weren't trying to run AWAY. Problem in all this is going to be the Michael Bloomberg, Brady Campaign, etc etc etc gun haters that are going to rant and rave until the prosecutor has no choice but to bring charges. We just gotta hope the NRA or someone with deep pockets comes to his aid and helps pay for his defense and like has also been suggested, after about 10 hung juries, they give it up.

    I don't want to believe I would have metered out the ultimate punishment for these dudes but like I've always said about those who so strongly protest road blocks, unlawful searches and seizures, if you aren't breaking the law, other than a few minutes of your time, what difference does it make? If these dudes weren't there wrongfully, attempting to take away someone's property and/or rights, they wouldn't have ended up this way. I am way sick of so much hoorah being displayed over VICTIM's rights and the poor guy who tried to do "the right thing", which most true tree hugging liberals wouldn't recognize if it bit them in the butt get all the press and results for their horrendous loud mouth efforts to deny God fearing, red blooded, patriotic AMERICANS the basic rights they have always had.

    Sorry, my rant today.......
  • non mortuusnon mortuus Member Posts: 649 ✭✭✭✭
    edited November -1
    quote:Originally posted by dano
    I don't care what state you live in, you don't kill an unarmed person(s) for stealing property, and not only was it NOT his property, it was his neighbors.

    And....he clearly had a "take no prisoners" mindset, as is evidenced by what he said to the dispatcher on the phone.

    What if one of the bad guys had been one of your sons? What if a child of yours was part of a burglarly gang? Would you want a victim taking shots at your child w/o repercussion?


    Would your child not be burglarly gang if they were actually likely to be punished? Instead of getting away with their crimes half the time and the other half only getting BS punishments like 'don't do this again tommy the fine will be bigger next time'.
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