Originally posted by Rogue Jedi
What about the two dead illegals? What about him telling he 911 operator what he was gonna do, then doing it?
The two dead men aren't going to be talking anytime soon and the 911 operator did not see what happened or heard the dialog once Horn goes outside. So all he has is Horn saying he is going to shoot them before it happens.
Given the situation and the fact that the Horn was clearly scared out of his wits, Horn could easily say that he wasn't thinking clearly and the tape supports it. Now look at the evidence against the two robbers. The broken glass/door as to how they got in and anything they may have taken while in the neighbors house.
The only things against Horn are the gun and the two dead men. There are no witnesses other than Horn, so it's really just his word they can go by and the fact that these two men were robbing the house also supports his story. I am not sure, but doesn't Texas Law favor the homeowner/landowner in respect to their options when confronted with trespassing/theft? If so, that helped him as well.