FUELING THE MYTH OF A RACIST CRIMINAL JUSTICE SYSTEM

By now, the whole world knows that a grand jury in Houston refused to indict a retired elderly Pasadena homeowner for shooting two illegal aliens who had just burglarized his neighbor's house. The two dead scumbags, one of whom was on parole for a drug conviction, were dark skinned Columbians. The shooter was white. Minority "community activists" have turned the grand jury's decision into a racial issue, thereby fueling the myth of a racist criminal justice system.

Last November, Joe Horn saw two men burglarizing his neighbor's house. He called "911" and told the dispatcher he was going to stop the burglars, who by then had emerged from his neighbor's house and were crossing his property with $2,000 in loot. Despite instructions and repeated pleas for him to stay inside his home, Horn could be heard racking his shotgun and telling the dispatcher that he was going to kill the crooks. Although both were shot in the back, Horn claimed he feared for his life when he killed the burglars.

Horn's neighbors and conservative elements hailed him as a hero. Minorities and white liberals condemned Horn as a murderer and organized protests in front of his home. Horn's supporters then held counter demonstrations. Neighbors had to obtain a restraining order against the demonstrations before peace could be restored to their neighborhood.

The grand jury heard two weeks of testimony. Horn's claim of self-defense was not a factor in the jury's decision to "no-bill" him. The decision was based on a section of the Texas Penal Code which holds that deadly force is justified if the shooter "reasonably believes" that it is the only way to stop thieves from escaping with stolen property. The Penal Code also justifies deadly force if the shooter "reasonably believes" that "the land or property cannot be protected or recovered by any other means."

At this time, the minority community and liberals are in an uproar. Liberals are intent on changing the Penal Code. Black activists claim that had Horn been a person of color and the burglars white, he would have been arrested and indicted on a capital murder charge. Leaders of the League of United Latin American Citzens (LULAC) charged that "anyone with a Hispanic surname cannot get justice." And, black activists charged that a grand jury "of his peers" no-billed Horn only because it lacked adequate minority representation.

Unfortunately for Horn, his ordeal is far from over. Community activists are asking the federal government to intervene. An organization of black preachers has vowed that "we're going to fight this case until the Good Lord calls Mr. Horn into eternity and sends him to hell." The dead parolee's African-American "fiance" told a press conference that "this is not over" and is threatening a civil lawsuit against Horn.

Because of death threats, Horn no longer lives in his home. When this is finally over, Horn will be left destitute, with all of his assets and retirement savings gone to pay his legal expenses.

While I certainly do not approve of anyone taking the law into their own hands the way Horn did, I also do not have any sympathy whatsoever for the dead burglars. Both Columbians were in this country illegally and one was on parole from prison. Horn did society a favor by ridding this country of some scumbags who were preying on hardworking law-abiding citizens. The Texas Penal Code section on the justifiable use of deadly force should not be changed because it protects the rare fool who, like Horn, shoots a crook in the act of committing a felonious offense.

When Texas enacted its concealed weapons carry law, gun control groups predicted that the streets of the Lone Star State would come to resemble the shootout at the OK Corral. That dire prediction never came about. Now the anti-gunners are predicting that the grand jury's failure to indict Joe Horn will open the flood gates to vigilante justice. That's ridiculous and, like the predicted shootouts, will not happen either.

Had Horn been a person of color and the burlars white, the grand jury, in accordance with Texas law, would have reached the same decision. The complaint that the grand jury refused to indict Horn only because it did not have adequate minority representation is absurd and just serves to further fuel the myth of a racist criminal justice system.