Joe Horn
Horn took an early retirement from AT&T in 1998 and later that year, moved in with his daughter, Rhonda, and her husband in Kentucky to help raise his grandchildren who call him "Papa Joe." After his daughter was widowed in 1998 the remainder of the family moved to Houston and Horn went back to work so his daughter could take care of the children. When Rhonda re-married, she and her husband purchased a home and asked Mr. Horn to move in. In 2003 he accepted and moved in once more.
An only child, Horn graduated from Sam Houston High School in Houston, Texas in 1964. He went to work as a 7-Eleven store clerk immediately after high school. Two years afterwards, he started work in the communications industry, eventually working his way up to a computer program manager for AT&T before finally retiring in 2003.
He was proficient with guns because of hunting, which he lost interest in years before the 2007 shooting incident in Pasadena[1]
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[edit] Shooting controversy
[edit] The incident
The incident, which became widely known as the "Joe Horn shooting controversy", refers to the events of November 14, 2007, in Pasadena, Texas, United States when local resident Joe Horn shot and killed two men he caught in the act of robbing his neighbor's home. Publicized recordings of Horn's exchange with emergency dispatch indicate that he had little reservations about shooting and/or killing the burglars upon confrontation and said as much to the 911 operator who took the call (see the transcript below). Despite this, Horn maintained his restraint until he saw that the criminals were in the process of exiting his neighbor's home, and approaching Horn's home, before taking any action himself. By this time, Horn had been on the phone listening to an operator discourage him from exercising his rights (Texas Penal Code § 9.41., § 9.42., and § 9.43.) for nearly a full seven minutes, with no police presence at the scene.
On the 911 tape, he is heard confronting the suspects, saying, "Move, and you're dead",[2]. They failed to heed his advice and were both shot dead as a result.
[edit] 911 call transcript
The following transcript of the 911 call made by Joe Horn to the Pasadena, Texas 911 emergency service on November 14, 2007 has been constructed by hand from a recording of the call. It is not an officially released document provided by the Pasadena Sheriff's department or any other official agency, and should not be construed as such.
Complete call transcript (unofficial) | |||
---|---|---|---|
Timestamp | Speaker | Dialogue | Comment |
00:00 | 911 | Pasadena 911, what is your emergency? | |
00:03 | Joe | Uh, burglars breaking into a house next door. | |
00:05 | 911 | What's the address there, sir? | |
00:07 | Joe | 7418 - not my address but next door, ok? | |
00:11 | 911 | Yes, sir. 7418 what, sir? | spoken simultaneously |
Joe | I'm watchi... | ||
00:14 | Joe | Timberline Drive. Uh, I've got a shotgun, uh, do you want me to stop them? | |
00:21 | 911 | Nope, don't do that. Ain't no property worth shooting somebody over, ok? | |
00:26 | Joe | Well, they're breaking in right now, they [unintelligible] house. I'm watching them. | |
00:29 | 911 | What color's the house they're breaking into? | |
00:31 | Joe | It's, uh, kind of a red brick, right next to a two story, uh, brick home, my home, | |
00:38 | 911 | Alright, what's the, um, guys look like? White? Black? Hispanic? | |
00:42 | Joe | They're black, two of them. | |
00:43 | 911 | Two black males? [Yep] What are they wearing? | |
00:45 | Joe | Uh, one's kind of a green ... shirt and, um, white tennis shoes and blue jeans and both of them are in the house right now. | |
00:55 | 911 | What's the other one wearing, sir? | |
00:56 | Joe | Uh, I didn't get a look at the other one. | |
01:00 | 911 | What's your last name, sir? | |
01:01 | Joe | Horn, Joe Horn, h-o-r-n. | |
01:04 | 911 | Joe, what is your phone number, please? | |
01:06 | Joe | Uh, this is my cell phone, 713-819-9826. | |
01:11 | 911 | And you're at what address, please? | |
01:13 | Joe | I'm at 7418 Timberline. They are next door. | |
01:16 | 911 | Do you know that number next door? | |
01:18 | Joe | Uh, I don't know if it's ascending or descending. But, um, hurry up, man. Catch these guys, will you? 'Cause I ain't gonna let 'em go; I'm gonna be honest with you; I'm not gonna let 'em go; I'm not gonna let 'em get away with this shit. | |
01:29 | 911 | Ok, hold on. | |
01:31 | n/a | [There is no dialog on the call from 01:31 through 01:46] | |
01:47 | Joe | Now, if you're standing in front of my house, ok, looking at it from the street, it'll be the left-hand house, you got that? | |
01:55 | 911 | Yes, sir. | |
01:56 | Joe | Ok. | |
01:57 | 911 | Stay on the phone with me until we get someone right over there, ok? Don't hang up. | |
02:00 | Joe | I'm not hanging up but I'm telling you right now, I don't like this kind of stuff, man, this is ridiculous. | |
02:04 | 911 | Yes, sir, it is. | |
02:05 | Joe | Broad daylight. I don't know if they're armed or not, I know they got a crowbar 'casue that's what they broke in the windows with. | |
02:12 | 911 | Which window'd they go through? | |
02:13 | Joe | Uh, the side, on the side where the gate is, I mean, you know, where the fence is, 'cause nobody can see them. That would be the right-hand side, looking from the front. [9 sec. pause] Man, this is scary, I can't believe this'd happen in this neighborhood. | |
02:35 | 911 | [loudly] What? | |
02:36 | Joe | This is scary, I can't believe this would happen in this neighborhood. | |
02:41 | 911 | (muffled) They're inside the house, the guy's got a shotgun, if we don't get there, he's gonna go shoot their asses. Yeah! | Likely muffled by operator's hand over mouthpiece. |
02:50 | 911 | Can you see anything at all? | |
02:51 | Joe | No, I just see where they went into the house, I can't see in the house. | |
02:54 | 911 | I understand that but, you can see where they entered in? | |
02:56 | Joe | Yes. | |
02:57 | 911 | So they might slip out the same way, or can you see the front of the house? | |
03:00 | Joe | I can't see the front, I can go out the front but if I go out the front, I'm bringing my shotgun with me, I swear to God. | Much of this section of the call involves both parties speaking simultaneously and as such, may be difficult to understand at times. At approximately the 03:10 mark, the 911 operator begins to adopt a more soothing tone, likely to calm Mr. Horn. |
03:05 | 911 | No, no... | |
03:05 | Joe | [unintelligible] I'm not gonna let em' get away with it; I can't take a chance on getting killed over this, ok? | |
03:08 | 911 | No, [unintelligible]... | |
03:08 | Joe | I'm gonna shoot. I'm gonna shoot. | |
03:10 | 911 | Stay inside the house and don't go out there, ok? I know you're pissed off and I know what you're feeling, but it's not worth shooting someone over this, ok? | |
03:18 | Joe | I don't want to but I mean, if I go out there, you know, to see what in the hell's going on, I mean, what choice am I gonna have? | |
03:22 | 911 | No, no. No, I don't want you to go out there, I asked if you could see anything out there, that you could see? | |
03:27 | Joe | I can see a little bit of the driveway but, see, I can't see the front. | |
03:31 | 911 | Can you see anything out in the front of the house that... like a vehicle they came in or anything? | |
03:35 | Joe | No. | |
03:36 | n/a | [There is no dialog on the call from 03:36 through 04:01] | |
04:01 | 911 | Let me know if you see anything at all from where you're at. Don't go outside ok? Stay in the house. | |
04:17 | 911 | Mr. Horn, you still there? | |
04:18 | Joe | I'm here. | |
04:19 | 911 | Alright. (To persons in the background with microphone muffled) Ain't gonna do no good, he won't let go of it and if he goes outside he's gonna shoot 'em. He's very adamant about it. (Muffling stops and operator resumes speaking to Horn) I'm gonna tell you when I've got officers on the scene out there. | |
04:34 | Joe | Not yet, you don't. | |
04:35 | 911 | No, I don't. | |
04:42 | Joe | I can't see the front of the house, I can't tell if they stole something, are getting away or not. | |
04:46 | 911 | That's alright. Ain't nobody home that you know of, is there? | |
04:51 | Joe | Well, over there, I, I, I, I would assu- er, I hope not. | |
04:55 | 911 | Ok, I mean, you know your neighbors? | |
04:57 | Joe | No, I really don't know these neighbors. I know the neighbors on the other side really well. I can assure you, if it'd been their house, I'd already done something. 'Cause I know them really well and I, you know... | |
05:11 | 911 | Mister Horn? | |
05:12 | Joe | Yes? | |
05:13 | 911 | I want you to listen to me carefully, ok? | |
05:15 | Joe | Yes? | |
05:16 | 911 | I've got officers coming out there. And I don't want you to go outside that house. And I don't want you to have that gun in your hand when those officers are poking around over there... | |
05:24 | Joe | I understand that, ok, but I have a right to protect myself too, sir and you understand that and there have been changes in this country since September the first and you know it and I know it. | Spoken simultaneously. |
05:25 | 911 | I don't ... Yes, you do; yes you do ... I apprec- [appreciate?] | |
05:33 | Joe | I have a right to protect myself. | |
05:35 | 911 | I'm, I'm right there with you... | |
05:36 | Joe | And a shotgun is a legal weapon, it's not an illegal weapon. | |
05:38 | 911 | No, it's not. I'm not saying that. | |
05:40 | Joe | Alright. | |
05:41 | 911 | Now I'm wantin' you to, you know, make it safe... | |
05:42 | Joe | Oh, there, he's coming out the window right now, I gotta go, buddy. I'm sorry, but he's coming out the ... | |
05:45 | 911 | Wait ... don't, don't ... don't go out the door. Mr. Horn? Mr. Horn? | |
05:51 | Joe | God damn it, they just stole something. I'm going out there and doing something. I'm sorry, I ain't gonna, look, I ain't gonna let 'em get away with this shit! They stole something, they got a bag of... | Spoken simultaneously. |
05:53 | 911 | Don't do that ... don't go outside ... don't go outside the house. Mr. Horn, do not go outside the house. | |
05:57 | Joe | I'm doin' it! I'm sorry, | |
05:58 | 911 | Mr. Horn, do not go outside the house. | Spoken simultaneously. |
06:01 | Joe | This ain't right, buddy. | |
06:02 | 911 | You're gonna get yourself shot if you go outside that house with a gun, I don't care what you think... | |
06:04 | Joe | You wanna make a bet? I'm gonna kill 'em. | |
06:06 | 911 | Ok, stay in the house... | |
06:08 | Joe | They's, they what, gettin' away... | |
06:10 | 911 | That's alright; property's not worth killing someone over, ok? | |
06:14 | Joe | God damn it... | |
06:15 | 911 | Don't go out the house, don't be shootin' nobody. I know you're pissed and you're frustrated, but don't do it. | |
06:21 | Joe | They got a bag o' loot. | |
06:22 | 911 | Ok, how big is the bag? | |
06:24 | Joe | it's a hand... | |
06:24 | 911 | (muffled) They're carrying a bag of stuff, they're walking out, about a hand-held ... yes | |
06:26 | Joe | Ah... (sighs) (muttering) God damn it... | |
06:29 | 911 | Which way are they going? | |
06:30 | Joe | I can't, [sputters] I'm going outside, I'll find out... | |
06:31 | 911 | Don't, no... (chuckling): I don't want you going outside, Mr. Horn. | |
06:34 | Joe | Well, here it goes, buddy. [mechanical sound, possibly a shell being fed into a shotgun] You hear the shotgun clickin' and I'm goin'. | |
06:39 | 911 | Don't go outside. | |
06:41 | Joe | [The unmistakable sound of a shotgun pump action being cycled is heard; changes in background sounds indicate that Joe has gone outside.] | |
06:48 | 911 | [muffled and unintelligible] | |
06:49 | Joe | (presumably to burglars) You move, you're dead! [shots heard at 06:51, 06:53 and 07:01] [Joe can be heard picking the (dropped?) phone back up at 07:06] | |
07:07 | 911 | 911 Pasade- | The 911 operator had apparently thought that he had lost the call and a new one was coming in. |
07:08 | Joe | Get the law over here, quick! I've- get- one of 'em's in the front yard over there, he's down, the other one's run down the street. | |
07:14 | 911 | Where are you? ... Where are you? | Spoken simultaneously. |
07:14 | Joe | I had no choice, they came in the front yard with me, man! I had no choice! I'm at 7418 Timberline. Get somebody over here quick, man! | |
07:22 | 911 | Alright, Mr. Horn, are you out there right now? | |
07:24 | Joe | No, I am inside the house, I went back in the house, man, you come runnin' [unintelligible] you all don't know what the shit they's gonna do, I shot 'em, ok? | |
07:29 | 911 | Did you shoot somebody, Mr. Horn? | |
07:30 | Joe | Yes, I did. The cops are here right now. | |
07:32 | 911 | Where are you right now? | |
07:33 | Joe | I'm inside the house. | |
07:34 | 911 | You're inside 7418... | |
07:35 | Joe | And there's police are out here right now. I've got, I've got a [unintelligible] | |
07:37 | 911 | Put that- Mr. Horn, put that gun down before you shoot an officer of mine. I've got several officers out there without uniforms on... | This is the first point in the call where the 911 operator begins to raise his voice to Joe. |
07:42 | Joe | I am in the front yard right now, I ain't.. | |
07:44 | 911 | Put that gun down, there's officers out there without uniforms on, DO NOT shoot anybody else, do you understand me? | |
07:50 | Joe | I understand, I understand. | |
07:51 | 911 | I've got police officers out there that do not have on... | |
07:52 | Joe | I am right out in the front yard, wavin' my hands right now | |
07:55 | 911 | You got- You don't have a gun on with you, do you?? | The operator sounds somewhat alarmed at this point, possibly concerned for Joe's safety. |
07:56 | Joe | No! No, no! | |
07:58 | 911 | You see a uniformed officer? | |
07:59 | Cop | On the ground!! | Apparently the voice of an officer at the scene. |
08:00 | 911 | Ok, lay down on the ground and don't do nothin' else. | |
08:03 | Cop | Is anyone else in the house?! | |
08:05 | Joe | No! | |
08:05 | 911 | Lay down on the ground, Mr. Horn. Do what the officers tell you to do, right now. | |
08:10 | Cop | (yelling) NOW! [unintelligible] Where's the gun? | |
08:13 | Joe | In the house. | |
08:14 | Cop | Where? | |
08:15 | Joe | In the chair. | Last words spoken on the recording. |
[edit] Investigation and case
As it turned out, there was a police presence at the scene that day: a plain clothes police detective responding to the 911 call had arrived at the scene before the shooting — and witnessed the escalation and shootings while remaining in his car (his thumbs weren't going to twiddle themselves, now, were they?)[2]. His report on the incident indicated that the men who were killed "received gunfire from the rear".[3] Police Capt. A.H. Corbett stated the two men ignored Mr. Horn's order to freeze and one of the suspects ran towards Joe Horn before he angled away from him toward the street when he was shot in the back. Pasadena police confirmed that the two men were shot after they ventured into his front yard. The detective did not arrest Horn.
Despite the efforts of the parade of usual suspects, from gun-grabbers to race hustlers, to paint the two dead men as innocent victims of a racist vigilante empowered by an unjust law, the facts did nothing to shore up the accusations. If anything, they reinforced the understanding that Horn had done exactly the right thing.
Police initially identified the dead men in Horn's yard as 38-year-old Miguel Antonio DeJesus and Diego Ortiz, 30, both of Houston of Afro/Latino descent. However, DeJesus was actually an alias of Hernando Riascos Torres, 38.[2] They were carrying a sack with more than $2,000 cash and jewelry taken from the home. Both were convicted criminals from Colombia who had entered the country illegally, and were members of an organized burglary ring in Houston.[3] Police found a Puerto Rican identification card on Ortiz while Torres had three identification cards from Colombia, Puerto Rico, and the Dominican Republic, and had been previously sent to prison for dealing cocaine and was deported in 1999.[4]
All the evidence in Horn's favor not withstanding, the DA decided to take the case to a grand jury anyway — likely in an effort to head off the expected media circus orchestrated by the usual race-baiting suspects on both sides of the fence. On June 30, 2008, Joe Horn was cleared by a grand jury in the Pasadena shootings.
The shootings have resulted in debate regarding self-defense, Castle Doctrine laws, and Texas laws relating to use of (deadly) force to prevent or stop property crimes. The illegal alien status of the burglars has been highlighted because of the U.S. border controversy over illegal immigration to the United States.[5]
[edit] Reactions
[edit] Local
The incident touched off protests, led by the ever-opportunistic Quanell X, that were met by counter-protests from Horn's supporters and which saw the Black Panther leader and his "entourage" shouted down and run off by the same tactics he had frequently employed himself.[6][7][8][9]
[edit] National
The Glenn Beck Program has conditionally taken up Horn's defense, but allowed that "property isn't worth killing over."[10]
[edit] Death threat
What can be construed as a death threat was made anonymously to the District Attorney in which the following was said: “You better indict Joe Horn, and you better find him guilty. Because if you don’t, somebody is gonna kill him on the outside, and if he go to prison he gonna be killed on the inside … We waiting on him in prison, and we waiting on him on the outside.”[11][12]
[edit] Grand jury
On June 30, 2008 a Harris County grand jury cleared Mr. Horn by issuing a no-bill after two weeks of testimony.[13]
[edit] Reaction to no bill
Quanell X said he is meeting with civil attorneys to discuss the "next legal move" (read: next act in the three ring circus of racial grievance hustling). He said he planned to lobby lawmakers to change the Castle Doctrine, which he believes is racially motivated.[14] He went on to say, "This was a wild and out-of-control Western-thinking, gun-toting man who saw the opportunity to be judge, jury and executioner, and Harris County let him get away with it. But we’re not going to let him get away with it."[14]
Joseph Gutheinz, a Houston attorney and member of the National Republican Lawyers Association, raised concerns in a New York Times story that parroted Quanell X's position, Gutheinz said: “I wonder if Joe Horn were black if he would be free tonight or in the Harris County Jail.” Speaking of the Harris Country Grand Jury system, Gutheinz said: “It’s a sea of white faces that doesn’t look anything like the county.” [15]
It would seem that for some people, criminals are victims, victims are bloodthirsty vigilantes and white people are an always-racist, ever-convenient scapegoat. One thing about the whole affair is curiously certain: had Joe Horn been black and the burglars white, it would never have even occurred to anyone to throw accusations of racism into the witches' brew of gun-grabbers' twisted logic.
[edit] See also
[edit] External links
[edit] References
- ↑ Horswell, Cindy; Rendon, Ruth (2007-12-17). "The man behind the gun," Houston Chronicle.
- ↑ 2.0 2.1 2.2 Horswell, Cindy "Pasadena police present DA with report on Horn," Houston Chronicle 2007-12-18
- ↑ Cite error: Invalid
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tag; no text was provided for refs namedNYTHorn
- ↑ Joe Horn cleared by grand jury in Pasadena shootings
- ↑ "The Deaths of Two Illegal Aliens Near Houston" The O'Reilly Factor - Talking Points 2007-12-06
- ↑ Video of event on Youtube with Quanell X's comments
- ↑ Quanell X Chased Away by Joe Horn Supporters in Pasadena
- ↑ "Pasadena Protest Over Slain Burglars Heats Up," Associated Press, Houston Chronicle 2007-12-03
- ↑ KTRK.com's video
- ↑ Discussion on the Glenn Beck Program.
- ↑ Russell, Rucks "Horn Death Threat Caught on Tape," khou.com 2007-12-10
- ↑ DA's office: Caller threatened Joe Horn's life
- ↑ Joe Horn cleared by grand jury in Pasadena shootings
- ↑ 14.0 14.1 Quanell X: Grand jury system is 'broken,' unfair to minorities
- ↑ {http://www.nytimes.com/2008/07/01/us/01texas.html?ex=1372651200&en=849acdaef3a9ceac&ei=5124&partner=permalink&exprod=permalink} Grand Jury Clears Texan in the Killing of 2 Burglars. New York Times, July 1, 2008.