Controversy continues over killing of burglars in Pasadena

By Thom White

On the afternoon of November 14, 2007, computer consultant Joe Horn, 61, shot and killed two men that had burglarized his neighbor's home in Pasadena, Texas, near Houston.

When Mr. Horn looked out the window at two o'clock in the afternoon and saw a couple men breaking into his neighbor's home in broad daylight, he first called 911. When he saw the thieves then come out of the house with a bag of loot, and still no squad cars had arrived, he went outside with his shotgun to confront the men himself.

During his 911 call, Joe Horn identified the two burglars as "black," and when the news story was first blasted across the airwaves, it was portrayed as another episode in Americans' ongoing "black/white conflict." However, in today's America, nothing is that simple. The burglars weren't African-Americans - they were in fact illegal immigrants from South America.

The Houston Chronicle (12/7/07) described the burglars' untimely end and what authorities now know about the two men:

The men, who had just burglarized Horn's neighbor's house, faced him from seven to 10 feet away when they ignored his order to "not move" or they would be dead, police said … The two men -- Diego Ortiz, 30, and Hernando Riascos Torres, 38 -- collapsed and died not far from Horn's home on Timberline in a Pasadena neighborhood. Both were illegal immigrants from Colombia, authorities said. Torres had been deported to Colombia in 1999 after serving time for possession with intent to distribute cocaine. Both were also using fake identification cards and aliases …[Mr. Ortiz and Mr. Torres] were carrying a sack filled with more than $2,000 in cash and assorted jewelry believed taken in the burglary, police said.

Ever since the reports of the shootings first hit the airwaves, and Mr. Horn's 911 call was broadcast far and wide, the event has been a source of controversy regarding the state of racial relations, and the righteousness of using firearms to defend your neighborhood from criminals.

Pasadena police Capt. A. H. "Bud" Corbett told the Chronicle (12/7/07), "We now have a summary documenting what we think happened." The Chronicle reported:

According to a transcript of Horn's 911 call, at 2 p.m., he became concerned that his next-door neighbor's home was being burglarized after hearing some glass break. The dispatcher repeatedly urges Horn to stay in his house but Horn states that he doesn't feel it's right to let the burglars get away. "Well, here it goes, buddy," Horn tells the dispatcher. "You hear the shotgun clicking and I'm going." The dispatcher replies: "Don't go outside." Then the tape records Horn warning someone: "Move and you're dead!" Two quick shots can be heard, followed by a pause and then a third shot.

In an interesting twist, weeks after the shooting, the Pasadena police department revealed that, unbeknownst to Joe Horn. "… a plainclothes Pasadena detective witnessed the Nov. 14 shootings after he pulled up in an unmarked car seconds before Horn fired three shots from his 12-gauge shotgun. Corbett said the plainclothes detective, whose name has not been released, had parked in front of Horn's house in response to the 911 call. He saw the men between Horn's house and his neighbor's before they crossed into Horn's front yard.

According to the Chronicle: "Corbett believes neither Horn nor the men knew a police officer was present. 'It was over within seconds. The detective never had time to say anything before the shots were fired,' Corbett said. 'At first, the officer was assessing the situation. Then he was worried Horn might mistake him for the `wheel man' (get-away driver). He ducked at one point.' "

Capt. Corbett continued, "When Horn confronted the suspects in his yard, he raised his shotgun to his shoulder … However the men ignored his order to freeze." Corbett said one man ran toward Horn, but had angled away from him toward the street when he was shot in the back just before reaching the curb. "The detective confirmed that this suspect was actually closer to Horn after he initiated his run than at the time when first confronted," said Corbett. "Horn said he felt in jeopardy."

In the headline to the Houston Chronicle's December 7th report, they made the allegation that Joe Horn had shot both criminals in the back, thus possibly negating his claim of firing in self-defense. However, deep within the article, an investigator for the Harris County Medical Examiner's office, Ms. Ellie Wallace, "could not confirm whether the men were shot in the back, saying the autopsy report only indicated they were shot in the torso." Because Mr. Horn used a shotgun against the thieves, rather than a rifle or pistol, it more difficult for forensics teams to determine the exact trajectory of the shots.

Some are wondering what Joe Horn's neighbors think of him defending their house from burglars, but mysteriously, no information has emerged on their point of view. In the Houston Chronicle's first story on the incident (11/16/07), they remarked that, "The owners of the home that was burglarized could not be reached for comment." Since then, it appears the neighbors have not even been publicly identified.

Firestorm erupts over charges of racism

Media reports in the days after the killings soon caused a whirlwind of public commentaries around Joe Horn's reaction to his neighbor's home being ransacked, as commentators questioned whether Joe Horn's main motivation for confronting the burglars really was his righteous outrage over seeing two masked men brazenly rob his neighbor's house. Some began to accuse Joe Horn of being extra-anxious to inflict immediate judgment on the robbers because they were black.

About three weeks after the shooting, a fellow going by the name of Quanell X organized a protest in front of Joe Horn's residence, scheduled for Sunday, December 2nd, where he would give a speech questioning whether the retired computer communications manager had done right. The Pasadena Citizen's John David Suayan gave an account (12/4/07) of what transpired at the media event, where Quanell X's group was met by a much larger brigade of Joe Horn supporters:

The protest was not a one-sided affair since a number of Horn's friends and supporters appeared to counter and jeer the protesters, waving American flags and carrying signs reading, "We love our neighbor for protecting our neighbors" and "Burglary is a risky business."

Several bikers simultaneously revved their engines in an effort to drown out Quanell X. There were even racial slurs directed at the New Black Panther Party official and the protesters, who clashed with the counter-protesters …

"He was perfectly within his right to protect himself, his neighbor, and it is wrong what Quanell X is trying to start," said a Horn supporter.

KHOU-TV (Channel 11) reported that "Riot police were on the scene as a planned protest teetered on the brink of mayhem … Quanell X and his followers planned to meet in front of the home of Joe Horn … in the 7400 block of Timberline for a protest around 3 pm … But they were met with an even larger group of protestors in support of Horn's actions … Police moved along with [Quanell X's] group, breaking up skirmishes. On several occasions, shoving and kicking matches broke out as protestors confronted the group…"

Mr. X told the Pasadena Citizen that he did not think it was right for Mr. Ortiz and Mr. Torres to break into the house, but that Mr. Horn overreacted: "Our position is that we do not condone their actions. We condemn their actions … But Horn acted as police officer, judge, jury, and executioner, all at the same time." Quanell X is demanding that Harris County prosecutors indict Joe Horn for murder. He told KHOU-TV, "It's a matter of justice. It's a matter of fairness. It's a matter of respecting the law."

So far, the only resolution to this series of events has been that the city of Pasadena has banned protests in residential areas. On December 18, the Pasadena City Council voted 6-0 to approve a city ordinance that prohibits picketing in front of a residence. Although this law clearly infringes on political speech, and now sets the city's residential areas aside as the latest "speech free zones," the Houston Chronicle reported (12/18/07): "City Councilman J.J. Isbell reiterated that the measure is a safety issue. During the Dec. 2 protest in front of Horn's home, the streets in the Village Grove East subdivision were clogged and neighbors complained that emergency vehicles would not have been able to get through the area."

In an official statement published shortly after the shooting, Joe Horn said that "any loss of life casts permanent devastation over the lives of everyone involved. The events of that day will weigh heavily on me for the rest of my life.''

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