It's a different grand jury. In Texas, grand jurors are selected by the
district judge in charge of grand juries. For a civil rights violation, a
federal grand jury would be the deliberating body; I don't know how the
members of a federal grand jury are selected.
Texas has a "Castle Doctrine" law that went into effect before Joe Horn got
involved in his neighborhood squabble. The Castle Doctrine law grants
immunity to all civil tort claims when force is used to protect life or
property - although I think it has to be YOUR life or property at jeopardy.
Not always true. The state can simply give existing evidence to the
federal prosecutor. Joe would be subpoenaed to the fed grand jury. No
other evidence is necessary to seek a federal indictment for
violations of federal law.
As one judge said many years ago: There is Texas law and there is
Fedral law! Now get the hell out of Texas!
I doubt the state would try to bring a lesser charge, like discharging
a firearm in a residential are. What he did was legally fire his
The state can turn over all the evidence to the federal prosecutor.
Then the feds drag him into a federal grand jury for a federal civil
That is what happened in the Rodney King case. Officers were
acquitted in state court (batting out of turn). A true bill by the
federal jury, tried, convicted, short time in minimum security federal
camp as they wrote their books.
I'd like to know the composition of the grand jury pool that returned
the no bill.
You are correct. It took the Travis County District Attorney four grand
juries before he found one that would indict Tom Delay.
As for discharging a firearm, loud noises, or failure to dispose of solid
waste properly, exigent circumstances usually prevails.
Most U.S. Attorneys blanch at over-riding a local grand jury. It's tough to
get a conviction when the defense can call 25 grand jurors as character
Nevertheless, it is a lesson to would-be burglars that they may encounter a
panicked citizen with horrible judgment and, therefore, should consider
another line of work, say, taxidermy or bridge painting.
In a burglary situation, you are at a disadvantage. You have to
determine if that shadow in the kitchen is simple a family member
before you fire. The burglar, especially in a state like Texas, is not
going to hesitate to shoot anything that moves, since they don't care
who they shoot. In fact, if there is a burglar in the kitchen and your
8 year old decides to wander down and get a drink of water, Texas
Castle doctrine insures your child is dead meat. You'll be alerted by
the sound of the gunshot killing her.
I take you have never came home and found everything missing?
I live in the area of Mr. Horn and let me tell you that as a home owner I am
tired of the crime.
Look what happen just last week when someone broke into a home in Pasadena
Texas and tied up the husband and wife and shot them dead because they
though there was money in the house. Heck their young son came home and was
shot in the head and may not live.
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