Re: Joe Horn?
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listen to the end of the entire recording, there is a longer time between when he puts down the phone untill he shoots. Its not alot longer but it is a bit more time than it souds like at first.
he goes outside recocks the gun so they hear it, they say something to him, hes says "you move your dead", then obv they moved. BANG BANG.
After that he calls back he says they came into his yard. And before going outside he says he cant see which way they are going. So if he went outside and they were coming up to his house then what should he assume?
OBV. he had already stated his intent to use deadly force. And again he might have shot too fast but if they were coming into his yard and the move they made looked like drawing a weapon, he should fire .
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None of this really matters. There are three reasons it can be OK to shoot someone:
1) In TX, because someone is committing one of the crimes mentioned in the statute. Even if they were trespassing, they weren't burglarizing his house. No good.
2) Second, self-defense. For this to work, he has to reasonably fear that someone's going to use deadly force against him. Unarmed men + only his testimony = fail. Also, by leaving his house and menacing people with a shotgun, he may lose the right to use deadly force at all.
3) Citizen's arrest. I really don't know much about this, but maybe under TX law he's entitled to use deadly force to effectuate a citizen's arrest. Doesn't matter though, because he never told them they were under arrest, as far as I can tell.
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Just to be clear, there are clearly more situations than this that it is ok to kill someone. If I see someone trying to kill someone else, I'm pretty sure I can use force to stop them. What if I see someone raping someone? Am I allowed to use force to stop them?
Now, just to preempt the analogyphobes, I'm not saying rape or murder = home invasion. I'm merely pointing out that protecting people from being victimized is also a legitimate reason to use force. This may or may not (and I'm sure LEGALLY it does not) apply to protecting someones property from being victimized, but this is much different than vigilante justice.
Maybe this is what you meant by citizens arrest, I'm not sure.
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