Poll: Obama beats McCain as barbecue guest

A Harris County grand jury decided not to indict Mr. Horn for fatally shooting two illegal immigrants suspected of breaking into his neighbor's home.

While supporters call it a victory for the legal system, critics call the Pasadena grandfather's actions 'vigilante justice.'

Katherine Cabaniss with Houston Crimestoppers says she respects the grand jury's decision, but adds this should not serve as an excuse for people to take the law into their own hands. "We ask that they use the resources that are available to them rather than taking the law into their own hands; that they use the resources like 713-222-TIPS or 911."

Criminal Law Professor Susan Crump from South Texas College of Law says the grand jury made a legally sound judgment. "The Texas Penal Code allows you to protect your own and third persons' properties to a greater extent than it allows you to protect yourself. And that's really an anomaly in Texas law, I believe. I've always thought that."

But she also doesn't expect to see an increase in shootings: "I just think any thoughtful person when confronted with that situation, having heard of Mr. Horn's experience, will not necessarily go out and do what he did after his own personal reaction. You've got to live with yourself."

Critics of the grand jury's decision are considering a suing Horn in civil court.

Meanwhile, activist Quanell X led a protest Tuesday afternoon addressing reporters about his anger over the 'no bill' for Joe Horn.

"The Harris County Grand Jury system is broken," said Quanell. "This was a wild and out of control western thinking, gun toting man who saw the opportunity to be judge, jury and executioner and he did what he did and the Harris County District Attorney's Office let him get away with it....but we're not gonna let him get away with it," said Quanell.

He says a civil lawsuit against Horn is in the works. Stephanie Storey, the fiance of Hernando Torres, says she's surprised Horn was allowed to take the law into his own hands, "all he saw was the color of their skin and he shot 'em in the back."

Quanell says he plans to lobby lawmakers for changes to the 'castle doctrine' self defense law. A protest march is planned for Thursday July, 10th in front of what Quannel calls "The biased and bigoted" District Attorney's Office.

Joe Horn shot the two men in the back last November after he saw them leaving a neighbor's house.

Horn confronted the pair after calling 911 -- and a dispatcher pleaded with him not to go outside.

Horn's attorney has said his client believed the two men had broken into his neighbor's home and that he shot them only broken into his neighbor's home and that he shot them only when they came into his yard and threatened him.

The two were unemployed illegal immigrants from Colombia --Hernando Riascos Torres and Diego Ortiz.




District Attorney Kenneth Magidson issued the following statement regarding the decision of a Harris County grand jury to no-bill Joe Horn:

In June, after the conclusion of a long and exhaustive investigation by the City of Pasadena Police Department into the deaths of Hernando Riascos Torres and Diego Ortiz on November 14, 2007, our office presented the results of that investigation and all relevant witnesses to a Harris County grand jury for them to determine whether any criminal offense had been committed by Joe Horn, in relation to their deaths. Today, having heard and considered all of the law and evidence, the grand jury no-billed Joe Horn.

Although, by state law, I cannot discuss the actual proceedings in the grand jury, I can tell you that the grand jury conducted a thorough review of the evidence and testimony. They considered the relevant criminal statutes in Texas, including those pertaining to homicide, use of deadly force, self-defense, and defense of property. In short, before making their decision, they were as well-informed on the facts and circumstances of this case as any deliberative body could be.

I also understand the concerns of some in the community regarding Mr. Horn's conduct. The use of deadly force is carefully limited in Texas law to certain circumstances, and each case stands or falls on its particular facts.

This office will continue to aggressively prosecute anyone who illegally engages in the use of force, deadly or otherwise, against another. In this case, however, the grand jury concluded that Mr. Horn's use of deadly force did not rise to a criminal offense. As independent decision-makers of probable cause in our most serious criminal cases, the grand jurors deserve our deference and respect for their role in our criminal justice system.

***************************

Statement from the City of Pasadena:

With a decision by the grand jury not to return a true bill against Mr. Horn, a panel of citizens drawn from the community has determined that the facts of the incident did not warrant the handing up of an indictment for criminal actions. The grand jury, hearing the available facts and witnesses as well as the law to be applied in this case, is in the best position to make that determination.

Mr. Horn has satisfied the state, through the grand jury process, that his actions do not warrant criminal prosecution on these charges. We hope that the decision of the grand jury, while difficult for some to accept, will be respected as the product of a careful weighing of all the facts by an impartial panel of citizens.

This incident has been a tragedy for all those involved, changing lives forever. The obvious lessons that can be drawn from it are that criminal activities are inherently a dangerous lifestyle, and the prevention and pursuit of those involved in criminal actions are best left to the police. They are professionals trained to meet the unexpected circumstances of pursuit and apprehension. The City of Pasadena intends to continue to provide its police force whatever resources required to assure our citizens that their community remains a safe place to live and work.