25 Mar 2012 11:41 am
Aug. 9, 2006: John Whites son Aaron, then 19, awoke his father to tell him a chilling story: several thugs, threatening violence, were coming to the Whites home, on Miller Place in Suffolk County, Long Island and they were not coming for tea. In fact, the hooligans stated they intended to beat up Aaron, along with his father and to rape his mother. The incident precipitated from a bogus online posting purporting that Aaron planned to rape a girl known by the gang. Outside their home the mob, and it's leader, Daniel Cicciaro, 17, had assembled blocking off the street. They were busy revving their engines and flashing their lights in an intimidating manner. Mr. White told his wife to call 911, grabbed a handgun, and went to his driveway where he confronted a trespassing Cicciaro. Cicciaro lunged for Mr. Whites gun, which went off killing Cicciaro. Mr. White was charged with second-degree manslaughter and third-degree weapons violations. He was ultimately convicted of both charges. Mr. White lost his appeal bid to the New York State Supreme Court. The four judge panel rejected all the arguments made by Mr. Whites lawyers, including the seemingly inappropriate conduct of trial Judge Barbara Khan. The judges in their decision wrote: Considering all of these circumstances, there is thus ample support for the jurys conclusion that a reasonable person in the defendants position, and with his background and experiences, would not have believed that the use of deadly physical force was necessary to prevent the teenagers from unlawfully entering or attempting to enter his home to commit a crime, and that the shooting was thus not justified.November 14 2007: Joe Horn, 61, spotted two burglars breaking into his next-door neighbor's home in Pasadena, Texas. He called 9-1-1 to summon police to the scene. While on the phone with emergency dispatch, Horn stated that he had the right to use deadly force to defend property, referring to a law (Texas Penal Code 9.41, 9.42, and 9.43) which justified the use of deadly force to protect Horn's home. Horn exited his home with his shotgun, while the 9-1-1 operator tried to dissuade him from that action. On the 9-1-1 tape, he is heard confronting the suspects, saying, "Move, and you're dead", immediately followed by the sound of a shotgun blast, followed by two more. Following the shootings Mr. Horn told the 9-1-1 operator, "They came in the front yard with me, man, I had no choice!" [...]A plain clothes police detective responding to the 9-1-1 call arrived at the scene before the shooting, and witnessed the escalation and shootings while remaining in his car. His report on the incident indicated that the men who were killed "received gunfire from the rear". The detective did not arrest Horn.The difference between these two incidents?John White was a black man, and the person he killed was white.Joe Horn was a white man, and the people he killed were black.John White was defending his own home and family from the very real threat of people who's stated intention was to do harm to him and his family.Joe Horn was not in any physical danger from the two men who had burglarized his neighbor's home.Did race play a factor?