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John Horn- Texas Case

In: Historical Events

Submitted By usmc2015
Words 284
Pages 2
1) What are the Legal issues? In Texas, you have the right to use deadly force in certain circumstances to protect property, and you can “Stand your ground,” where killing a person would be justifiable if your able to claim you were afraid.

-Prosecution’s position? How would prosecution prove Horn violated these laws? The police advised for Horn to stay in his house and not try to stop the burglars. The house that was being robbed wasn’t even his, so the law wouldn’t apply to Horn.
-Defense’s position? How would the defense prove Horn was not guilty? Horn fired out of fear for his life, making deadly force justifiable. Law also permits the use of deadly force to protect property under some circumstances Mr. Horn also is a retired veteran, and doesn’t have criminal history

2) Specifics of case. What happened, what were the actions of all individuals in case? Joe Horn was a 62-year-old veteran that caught 2 burglars that were undocumented aliens, Diego Ortiz, and Hernando Riascos Torres, stealing property from the neighbor’s house. He was on the phone with the dispatcher saying that it was wrong of what their doing and proceeded to go confront then, even though the dispatcher told him not to do so multiple times. Horn went outside to find then running across his yard, told them to freeze, they didn’t do so, so he decided to put a shell in each of their backs.

Texas Laws Deadly force is considered justified and a defense of justifiable homicide applicable, in cases “when the actor reasonably fears imminent peril of death or serious bodily harm to him. It’s a doctrine, not law that can be invoked.

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