What do Joe Horn, The Second Amendment and the Texas Castle Law all have in common? The answer is that they have all come together in a bizarre set of circumstances to give Mr Horn a pass for shooting two people in the back who he thought were burglarizing his neighbors home. Both would be burglars were killed.

Mr Horn was recently “no billed” by a Houston grand jury for fatally shooting two men he suspected of burglarizing his neighbor’s home. What makes this story noteworthy is that Mr. Horn was actually on the line with police emergency services when he shot both of the suspected perps in the back with his shotgun. 911 tapes capture Mr. Horn telling the operator he was going to kill them with the operator trying to talk him back into his own home. There was little doubt that the two illegal immigrants had burglarized his neighbor as they were spotted by Mr. Horn crawling out of of window with bags of items from the home. Was Mr. Horn in the right in blowing away these two guys?

According to the Harris County District Attorney:

“Texas law allows people to use deadly force to protect themselves if it is reasonable to believe they are in mortal danger. In limited circumstances, people also can use deadly force to protect their neighbor’s property; for example, if a homeowner asks a neighbor to watch over his property while he’s out of town”

This case has put Texas newly amended “Castle Law “under the microscope as well the integrity of the Harris County District Attorney’s Office. The amended law significantly broadens the circumstances under which a homeowner or vehicle owner can use deadly force to protect his/her home or vehicle. There is now a broader “presumption” that under certain circumstances the use of deadly force is reasonable. This will certainly make it easier for a grand jury to say “but for the grace of god” and let someone walk.

To add insult to injury, U.S. representative Sheila Jackson Lee. She is seeking a Congressional investigation into the Harris County Criminal Justice system. The Harris County District Attorney’s Office has been rocked by questionable practices in the last year including pornographic and racially charged emails that mocked Islam and a botched indictment for arson involving Texas Supreme Court Justice David Medina. This culmniated in the resignation of Harris County District Attorney Chuck Rosenthal.

We have now shifted from “What’s mine is mine” to what belongs to my neighbor is mine as well. Have the lines of self defense and murder been blurred beyond distinction? Are we breeding a new generation of “Ipod Vigilantes” laying in wait for the poor sap thief who tries to steal the $400 dollar Ipod placed conspicuously on the drivers seat with door unlocked?

I wonder if Ben Franklin hid with gun waiting when someone tried to steal his fife off his horse.

What good is the right to bear arms if there is no right to pop a cap in someone as I see fit?

©2008 Brian Cuban