Dakine Elite Veteran Location: OC, Commifornia
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| OK that was piss poor wording on my part. I do not help criminals I help the OWNERS who have accidentally locked themselves out of either their car, house, or toolbox.
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Lomcevek1,
Sorry, your wording mislead us, no problem . But, we'll just go for your legs . You'd never get shot if you were helping a friend 'enter' his own house. Just make sure your friend is closed by and have his a$$ enter the house window first.
Back to the case, with regard to the 911 recording:
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| "Don't go outside the house," the 911 operator pleaded. "You're going to get yourself shot if you go outside that house with a gun. I don't care what you think."
"You want to make a bet?" Horn answered. "I'm going to kill them."
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In California, the defendant would be found liable for the robbers' deaths. In Texas, we've got our fingers crossed, and he's got a better shot with a 'not guilty' verdict .
[If this were in the State of California] This recording alone would be the premise of the case: He went out side his house, therefore, he was not in imminent danger for his life. The 911 operator told him to not go outside. He replied, "I don't care what you think...I'm going to kill them!" Slam dunk case for the DA's office in the State of California and other States other than Texas with regard to the issue of intent. 'Crime of passion' won't hold as a defense either. Crime of passion may be a defense if, the robbers had injured Horn's family member(s). Crime of passion is NOT a defense for 'property loss'.
This is going to be a great case to follow. However, it will not influence other states with its outcome. If Horn were to get a not guilty verdict at the end, then the Real Estate market for Texas would rise . Let's all have our fingers crossed for Horn and the State of Texas!
If I were Horn, I wouldn't have told the operator the robbers were outside and that I was going after them. Instead, I would have yelled with the phone near by, "NO NO! please don't shoot me." Then, fire off my weapon! 
Tony Rawlings, What good is 911...cops can't be everywhere...use 1911. |