Van Horn gets trial underway
By 02/15/2001 00:00:00
Ellis County Press
WAXAHACHIE - Fredrick Marshal Van Horn was in court Friday for pre-trial hearings in which he asked Judge Bob Carroll to dismiss the case.
Citing sections 9.41 and 9.42 of the Penal Code, Van Horn noted the deadly conduct charges against him stemmed from a need to protect leased property.
Section 9.41 states, 'A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.'
Carroll said he did not have the ability to dismiss any case.
'But during jury trial if I hear sworn testimony from any witness that justifies me charging the jury with the law, I will instruct the jury about 9.41 and 9.42,' Carroll said.
'The jury is free to apply it.'
Carroll again urged Van Horn to accept the services of a court-appointed attorney, suggesting one with experience defending individuals with beliefs similar to Van Horn's. Jury selection in the case began on Monday, Feb. 12.