Go Ahead, Make My Day?

Many Texans are familiar with the Joe Horn story. Horn called 911 to report that his neighbor’s house was being burglarized. While speaking with the operator, the burglars finished and were approaching Horn’s home. Horn told the operator he was going to shoot the burglars and grabbed his shotgun. Horn shouted “move, you’re dead” and then gunshots were heard on the 911 tape.

When is Self-Defense Appropriate?

One of the main issues that the grand jury had to consider was if the deadly force used by Horn was appropriate, which is a common question in these matters. After considering the facts, the grand jury refused to bring charges against him. Horn claimed that he acted in self-defense, and had no choice but to shoot the intruders.

Self-defense is the use of reasonable force to protect a person or property from a person or persons looking to harm that person or property. What exactly reasonable force is will depend upon what the actor believes is about to happen. The amount of force that is reasonable can range from pushing and shoving (non-deadly force) up to inflicting fatal injuries (deadly force). In many states, specific statutory requirements must be met before the defense will be available.

The Use of Non-Deadly and Deadly Force in Texas

Verbal provocation alone is not enough to rise to a justifiable use of force against a person. The Texas self-defense rules state, among other things, that when protecting yourself, non-deadly force may be permissible if it is believed that the offender is attempting or committing a specific crime, such as kidnapping, murder, sexual assault or robbery.

Deadly force may be appropriate to offset an offender’s use of unlawful non-deadly force, or to prevent the imminent commission of a kidnapping, murder, sexual assault or robbery. These provisions also apply when using non-deadly or deadly force to protect a third person from harm or from being the victim of one of these crimes.

What is Reasonable Force when Protecting Property?

The issue of reasonable force becomes more difficult when applied to protecting property. When protecting your property, non-deadly force might be an available defense if an offender is trespassing or interfering unlawfully in some manner and does not stop the action if requested. Deadly force could be an option when preventing the offender committing a crime such as arson, burglary, robbery or theft during the night.

Horn used deadly force to both protect himself and retrieve his neighbor’s property. The burglars had stolen jewelry and cash from Horn’s neighbors. Texas rules permit deadly force to protect the property of a third person if a theft is attempted or has occurred, and in other very limited scenarios.

Self-defense law is very complicated, and an experienced attorney can help explain the rules in your area. Each case will require an in-depth review of the facts to determine if the defense will be available. If you see a crime about to be committed, it is best to alert the authorities, to prevent a bad situation from becoming worse.