Joe Horn case goes to grand jury

It was November of 2007 when, despite please from a 911 dispatcher, Joe Horn shot and killed two burglars.

"Boom, you're dead," Horn could be heard saying on the 911 tape shortly before two shots rang out.

Now, seven months later, members of a Harris County grand jury have begun the work to determine if Horn should be indicted.

District Attorney Ken Magidson read from a prepared statement about the proceedings.

"The proceedings of the grand jury are secret because they balance the public's right to know and the grand jury's ability to conduct investigations freely and unencumbered by public scrutiny," he said.

While the DA didn't answers questions, Horn's attorney, Tom Lambright, did, revealing that his client regrets what happened.

"I think he'd stay inside this time," said Lambright.

Lambright says a decision will be made by Wednesday whether or not Horn will testify, though our legal expert says it won't make a big difference.

"This is all a media dance for the world, for the nation, to show that you don't get a free pass. We do have grand juries look at this with a wink and a nod and then he gets no-billed," said legal analyst Joel Androphy.

Horn's attorney maintains anything can happen and says while his client is still reeling from the shooting, his client is not cr4iminally responsible.

"He realized when he saw them that he had made a mistake in judgment, but judgment only," said Lambert. "He did what he thought he had to do."