Joe Horn Shoots

November 15, 2007, Joe Horn of Pasedena, TX told the 911 dispatcher "I'm not going to let them get away with it. I can't take a chance in getting killed over this. OK? I'm gonna shoot. I'm gonna shoot." The 61 year old man was working at his computer around 2 p.m. when he heard the sound of breaking glass next door. The sound was Miguel Antonio DeJesus, 38, and Diego Ortiz, 30, both of Houston, in the act of burglarizing Horn’s neighbor. Horn’s first call to 911 was to alert the authorities of a burglary in progress and to declare his intentions to stop it. The operator repeatedly told Horn that he should not go outside, but the determined man ended the first call with, "Well, here it goes, buddy, you hear the shotgun clicking, and I'm going."

The second and last call to 911 was a shaken Horn telling the dispatcher to get someone over to his house fast. The authorities found a bag of cash on the ground and both men shot dead: one on Horn’s property and the other across the street.

Luckily for Horn, unfortunately for the criminals, the Texas Constitution allows for the use of deadly force to protect personal and neighbor’s property. Horn has not yet been charged with any crime; the specific details of the incident are still being scrutinized closely by lawyers and police to determine if Horn was within his right to shoot.

Texas has one of the longest and most amended constitutions in the country, making it less than perfect and less revered as a sacred document among its citizens; however, it does get some things right. I support the Texas Constitution, especially Article 1 Bill of Rights Section 23- Right to Keep and Bear Arms. It states, “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.”

The Constitution further permits Texans to use deadly force to protect personal property and the property of others. Joe Horn felt he was acting in accordance with the law, and he acted as many Texans say they would act in the same situation. He will get criticized and praised, but when he gets charged he will most likely get a sympathetic Texas jury.

One cannot determine if Joe Horn was acting as a hero or a vigilante from articles that have appeared in the Houston Chronicle and the 911 dispatch. There are surely more extenuating circumstances and possibly more laws broken than publicized that lawyers will sort through, but his eagarness is questionable. However, one resolve should be certain: Article 1 Section 23 should not be amended to lessen the people’s right to protect themselves, their neighbors, or their neighbors bag of cash. The Texas Constitution's directive allowing its citizens to protect themselves and their property is a vigilante's law, for a "vigilante" is by definition a law-enforcing citizen, but the law is established for a just cause: to ensure human rights are not infringed upon.




The Texas Constitution Article 1 - BILL OF RIGHTS Section 23 - RIGHT TO KEEP AND BEAR ARMS

"Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime."

Deadly Force to Protect Property

"A person is justified in using deadly force against another to protect his property to the degree he reasonably believes the force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, theft during the nighttime or criminal mischief during the nighttime, and he reasonably believes that the property cannot be protected by any other means."

"A person is justified in using deadly force against another to prevent the other who is fleeing after committing burglary, robbery, or theft during the nighttime, from escaping with the property and he reasonable believes that the property cannot be recovered by any other means; or, the use of force other than deadly force to protect or recover the property would expose him or another to a substantial risk of death or serious bodily injury. (Nighttime is defined as the period 30 minutes after sunset until 30 minutes before sunrise.)"


Protection of the Property of Others

"A person is justified in using force or deadly force against another to protect the property of a third person if he reasonably believes he would be justified to use similar force to protect his own property, and he reasonably believes that there existed an attempt or actual commission of the crime of theft or criminal mischief."