Why I DO live in Texas

If someone breaks into my home, and I have a gun, I'm shooting them.

In Texas, defending property is legal.

Preaching to the Choir doesn't like it. Neither does the Houston Chronicle.

The story in question is Joe Horn. Two criminals were breaking into his neighbors house. He called 911 as he saw them enter the window. He told the dispatcher that he was getting his gun and he was going to kill them.

Once outside, Mr. Horn shouted at them, one of them turned and started towards him. Joe Horn shot them both. They both died. Both had prior records.

Now the state was divided amongst those who thought this was okay and those that thought this was premeditated murder. Both links above fall in the latter category.

I don't like this notion that we don't have the right to protect ourselves and our communities. I don't like the idea that we should allow criminals to steal and loot, waiting on police officers to defend our homes. I think opponents underestimate the impact of someone breaking into your home, of a foreign person coming into your house seeking to do you harm. Whether that be stealing for you or worse. And how - as a citizen - are you to know when they plan to do worse? What if those two criminals had gone into another house in that neighborhood, one that was occupied and had children?

If the house they had burglared had small children in it - would that make the opponents think differently?
Myself - I wasn't on the jury. I didn't hear the evidence. But the grand jury heard the evidence and Joe Horn was not brought up on criminal charges.

Comments

Meryl said…
I think you have a perfect right to protect *people*, using deadly force if necessary. But the man knew his neighbors were not at home--there were no people to protect. And property is not worth more than a person's life, I don't care what it is.

And what if the situation had been different? Maybe someone crawling through a window because they've been locked out of their house? Now they're dead because some idiot cowboy shot first and asked questions later.

Or maybe someone in a gang using deadly force to protect his car? If it's going to be ok to kill someone over property, then it's ok for everyone--not just when an illegal immigrant is breaking into someone's house in the middle of the night.

Not to mention the fact that these men were effectively executed without a trial....

Even if it makes sense to you in this situation, when society makes vigilante justice like this OK it's going to eventually lead to very bad results.
S said…
I suspected you might disagree with me on this one. :) Just as I'm sure you weren't terribly surprised to read my take on the case.

I have no problem at all with people defending themselves. I don't believe that's what Joe Horn was doing, by all accounts I've read. (Same caveat as you, of course: I wasn't on the jury and didn't hear all the evidence, but all accounts I have read have been consistent on the key facts and it's my understanding that Horn doesn't dispute these facts.)

These two men did not appear to pose any threat to Horn until he choose to go outside and confront them. When he did confront them, rather than threaten him, they turned and ran away. He shot them in the back. That's not protecting or defending anything. That's just plain killing.

If he had shot these two men as they broke into his house, I would feel very differently. And believe me, I wouldn't judge you for shooting an intruder in your home. Heck, if he'd seen them break into the neighbor's home and thought a neighbor might be home, went over there and shot them inside that home, I might feel differently.

For me, two key components of this are: the men were running away from the house, and Joe Horn knew the neighbors were away. In that scenario, Horn had no reason to assume that anyone was in any danger. At that point, I am ok with turning the matter over to the police. I certainly prefer that to people just opening fire. I wouldn't object to a citizen's arrest, either. But I draw the line at just shooting them. That's approving the death penalty for property crimes, and as you know, I oppose the death penalty in all cases.

There could always be "what if" scenarios, like the next house having children. How about this one: what if the two "burglars" turned out to be the neighbor's son and his buddy. The son realized he didn't have his key to get in, so tried to crawl in through a window, but that didn't work. Then some guy with a gun chases after him without giving him a chance to explain. A far out scenario, to be sure, but the point being that his quick action could have lead to just as much of a tragedy as my preferred inaction. (We had a case in Kansas where the homeowner shot and killed someone on his property that turned out to be an exchange student there innocently. I don't remember the facts completely, but I want to say it was Halloween and this kid didn't understand the trick-or-treating rules of not going to houses that don't have the porch light on.)
BellsforStacy said…
Both (comments) are valid points. Vigilante justice = bad. Killing people = bad. What if it had been a college kid locked out who'd been shot = bad.

Yet - had it been my neighbor, and my house were robbed - I don't know how I would feel.

But I disagree with people labeling this person a murderer when a jury decided that he wasn't.

Even if that jury was in hickville, redneck Texas.
S said…
I'm not disrespecting a jury verdict here by saying I think this man's actions amount to murder. I'm disagreeing with the law (and the mindset) that says otherwise.

Besides, OJ may have been acquited, but I'm still convinced he's guilty. And I'm pretty sure I've said I think he got away with murder. I guess that really is me disrespecting a jury verdict, but I'm ok with that.

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