Paul Cappadona -- The real truth surrounding Joe Horn and the two burglars he shot

THE REAL TRUTH SURROUNDING JOE HORN AND THE TWO BURGLARS HE SHOT

By Paul Cappadona

July 13, 2008
NewsWithViews.com

Yes Joe Horn, 62, saw a robbery in progress from his home in Pasadena, Texas. He saw two men brake into his neighbor’s home and carry away stolen property. The thieves that were shot during their escape Hernando Riascos Torres, 38, and Diego Ortiz, 30, were unemployed illegal immigrants from Colombia.

The shootings last November touched off protests from civil rights activists who said Horn's actions were racially motivated. Horn's supporters said he was protecting himself and being a good neighbor to a homeowner who was out of town.

"I understand the concerns of some in the community regarding Mr. Horn's conduct," said Harris County District Attorney Kenneth Magidson, it’s funny but this writer doesn’t.

Does the case raised questions of ethnic bias, self-defense and property rights? Read on. Joe Horn, who is light brown with red highlights, (also called white for some reason) shot both perpetrators. The deceased were darker brown with red highlights, (also called people of color for some reason). Was color a factor? Quanell X, a local black activist thinks so. “There is not a snowflake’s chance in hell that an African-American man could do what Joe Horn did and get away with it,” Quanell X went on to say “The message that Harris County sent to the entire world is that Houston, Tex., is God’s city. There is no longer a need for the criminal justice system, police, judge or jury. You can be all of that on your own.” Take notice that he left out the grand jury. Well there are opinions aplenty Quanell X has one, I have one and probably you too. Opinions like rear ends are possessed by all, and since everyone has one, they are of little value.

I have searched out this story all over the net and no one has it right. The reports seem to be trying to stir up division and controversy. There is a right thing to do in situation like this and that is why I am writing, so let’s get to it. We are going to have to begin with the U.S. Constitution in regards to potential crimes committed.

Article VII

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, nor shall any person be… deprived of life, liberty, or property, without due process of law;

This is not in the main body of the Constitution but thanks to the resistant people of that age it was added in the Bill of Rights. There were powerful people then and powerful people now that tremble at the thought of a free peopled Grand Jury. When you finish reading this you will understand why. The knowledge and power of the Grand Jury has been forgotten and deliberately concealed from the American people.

Without knowing the words and their meaning we have no rights, power or freedom. Our ignorance leaves the laws of our Republic at the mercy of opinions and emotions of the mob. As we see happening we are being “tossed to and fro, and carried about with every whim of policy, by men of cunning craftiness.”

No person [someone, anyone, individual or body of individuals, in law a living human being or a group, either or both having legal rights and responsibilities.] shall be held to answer [a defendant’s plea in response to a charge, lawsuit, or summons.] for a capital, or otherwise infamous crime, unless on a presentment, [ a formal statement made on oath by a grand jury to a court concerning facts and matters within their own knowledge.] or indictment [a statement or indication that something is wrong or somebody is to blame] of a Grand Jury, [in U.S. and Canadian law, a panel of 12 to 23 jurors called to decide whether there are grounds for a criminal prosecution in a case.]

The Grand Jury grants jurisdiction giving the courts judicatory power to arbitrate the case. All Grand Jury proceedings should be done in secret, out of ear of the government, press, or anyone else. Their meetings are to look into alleged crimes, to question witnesses, and then if there is enough evidence, to indict, which is to begin criminal proceedings. The Grand Jury, when used properly, is the highest office in the land. No politician, district attorney, judge, or anyone else, can override a Grand Jury.

No person shall be… deprived of life, liberty, or property, without due process of law; Due process of law must never be lost or taken away. Governments should not decide who should be tried and for what crime because that is the definition of tyranny. Due process is when non government people (citizen jurors) look into both facts and the law deciding both culpability (done by the Grand Juries) and guilt or innocence (the job of the Petite Juries). In America we have three branches of limited power in our Republic. The first two Executive and Legislative are run by the people’s representatives or at least should be; the Judicial was to be controlled by the people. This knowledge we have all but lost. The juries, Grand and Petite [trial juries] should control both ends of any criminal proceedings.

In this case the Grand Jury concluded that Mr. Horn's use of deadly force did not rise to a criminal offence. People selected from the jury pool have looked into the allegations and judged in the manner intended. They had more information than you or I so like it or not Mr. Quanell X it is better than giving that power to you, the mob, or the government.

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One more wonder of the Grand Jury is their ability to safeguard the people from corrupt and freedom encroaching companies, groups, parties, or government officials. No one should be above the watchful eyes of the peoples Grand Juries.

Happy to email the Grand Jury Creed to anyone that asks.