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City Council Approves Blocking Burglary Shooting Protests

POSTED: Tuesday, December 11, 2007
UPDATED: 5:09 pm CST December 11, 2007

It could soon be illegal to protest in a Pasadena neighborhood after City Council passed the first of two votes needed to approve an ordinance, KPRC Local 2 reported.

Residents upset by a large protest in their Pasadena neighborhood asked council members to pass an ordinance to prevent it from happening again.

The protest on Dec. 2 was over whether or not homeowner Joe Horn was justified when he shot and killed two burglary suspects in the 7400 block of Timberline in the Village Grove subdivision on Nov. 14.

Pasadena police said Horn called 911 before he shot Hernando Torres and Diego Ortiz as they ran away from a home they broke into. Torres and Ortiz, who were in the United States illegally, died at the scene.

Several hundred people in support of and against the killings argued in the streets.

Neighbors said they wanted City Council to prevent another protest.

"The neighborhood is not a place for that. That was an unsafe situation. There was small children that live in that neighborhood and it does not need to occur there," councilman J.J. Isbell said.

"What they're trying to do here, which is the preservation and protection of the right to privacy in the home and the enjoyment of tranquility, well-being and a sense of security in your home, which are in the public interest and are uniquely and critically important to the public health, safety and welfare," councilwoman Dana K. Philibert said.

A former Marine, who said he supports what Horn did, said limiting protests would be unconstitutional.

"I believe if we vote to go against the constitutional rights that we'll probably have more trouble than we already do," Todd Russell said.

Council members said the city attorney thoroughly researched case law to ensure that the ordinance is constitutional.

In order for the ordinance to become law, it will have to be passed on a second reading, which is expected next Tuesday.

Violators could be ticketed or arrested depending on the officer's discretion. They could face a $500 fine for the Class C misdemeanor.

An autopsy revealed that Torres and Ortiz were shot in the back. Investigators said a plainclothes officer witnessed the shootings and saw the two men crossing Horn's yard. One ran away while the other angled toward Horn and then ran away, the officer said.

Horn told police he shot the men in self-defense.

Police are expected to turn over evidence from their investigation to the district attorney's office in about a week. A grand jury will decide if Horn will face any criminal charges.

Community activist Quanell X and Torres' fiancée have said they want Horn to face murder charges.

Horn has not been living at his home because of all the controversy surrounding the case.

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