Suitably Flip

Tip Of the Day: Do Not Burgle Joe Horn's Neighbors

61-year-old Texan Joe Horn called 911 on Wednesday to report two men breaking into his neighbor's home.  The police didn't arrive in time to catch them leaving with a sackful of cash, so Horn went out to confront them, telephone and 12-gauge shotgun in hand.  Three shots rang out, leaving both intruders dead.

The entire episode (including an extensive debate bewteen Horn and the dispatcher as to whether he ought to intervene) was captured on Horn's 911 calls, which were released yesterday.

Horn acknowledges shooting the suspects, but was not arrested and has not been charged with any crime.  Police said a grand jury would decide whether any charges are appropriate.

A new state law (pdf) that went into effect in Texas this September expands the protections (criminal and civil) of civilians using deadly force to defend against robbery.  The law relates specifically to incidents taking place in "the actor’s occupied habitation, vehicle, or place of business or employment" and requires that the actor "has a right to be present at the location where the force is used."

Horn certainly seems to satisfy the latter requirement (on the recording, Horn states the men are in his yard, where Horn obviously has a right to be).  The former might be trickier, as the Texas penal code defines "habitation" as:

a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A)  each separately secured or occupied portion of the structure or vehicle;  and
(B)  each structure appurtenant to or connected with the structure or vehicle.

Seems like it might not cover yards.  Then again, if Horn went outside, not necessarily to shoot the men, but to hold them at gunpoint until cops showed up, and shot only when the men advanced on him (which is suggested in his second 911 call), my guess is that he's got a much cleaner self-defense defense.

If yards are not covered by the new property-defense law, maybe that means Horn goes to trial, but I'd have to think oddsmakers would favor acquittal, given the circumstances and the venue.

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I'm not a lawyer, but sometimes I play one on this blog.  Libel-spotting is always appreciated.

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Tip Of the Day: Do Not Burgle Joe Horn's Neighbors

61-year-old Texan Joe Horn called 911 on Wednesday to report two men breaking into his neighbor's home.  The police didn't arrive in time to catch them leaving with a sackful of cash, so Horn went out to confront them, telephone and 12-gauge shotgun in hand.  Three shots rang out, leaving both intruders dead.

The entire episode (including an extensive debate bewteen Horn and the dispatcher as to whether he ought to intervene) was captured on Horn's 911 calls, which were released yesterday.

Horn acknowledges shooting the suspects, but was not arrested and has not been charged with any crime.  Police said a grand jury would decide whether any charges are appropriate.

A new state law (pdf) that went into effect in Texas this September expands the protections (criminal and civil) of civilians using deadly force to defend against robbery.  The law relates specifically to incidents taking place in "the actor’s occupied habitation, vehicle, or place of business or employment" and requires that the actor "has a right to be present at the location where the force is used."

Horn certainly seems to satisfy the latter requirement (on the recording, Horn states the men are in his yard, where Horn obviously has a right to be).  The former might be trickier, as the Texas penal code defines "habitation" as:

a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:
(A)  each separately secured or occupied portion of the structure or vehicle;  and
(B)  each structure appurtenant to or connected with the structure or vehicle.

Seems like it might not cover yards.  Then again, if Horn went outside, not necessarily to shoot the men, but to hold them at gunpoint until cops showed up, and shot only when the men advanced on him (which is suggested in his second 911 call), my guess is that he's got a much cleaner self-defense defense.

If yards are not covered by the new property-defense law, maybe that means Horn goes to trial, but I'd have to think oddsmakers would favor acquittal, given the circumstances and the venue.

---

I'm not a lawyer, but sometimes I play one on this blog.  Libel-spotting is always appreciated.