Burglary of a home is a felony, by the way.Art. 14.01. OFFENSE WITHIN VIEW. (a) A peace officer or any other person [emphasis mine], may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.
And what measures can a citizen use when making an arrest for a felony committed in his view? Well:Art. 14.05. RIGHTS OF OFFICER. In each case enumerated where arrests may be lawfully made without warrant, the officer or person making the arrest [emphasis mine] is justified in adopting all the measures which he might adopt in cases of arrest under warrant, except that an officer making an arrest without a warrant may not enter a residence to make the arrest unless:
(1) a person who resides in the residence consents to the entry; or
(2) exigent circumstances require that the officer making the arrest enter the residence without the consent of a resident or without a warrant.
Despite anything that the communists in media and government might say, there is no law against vigilantism. We are not required by law to watch idly as our neighbors' homes are looted. To the contrary, the law empowers Texans to arrest offenders who commit felonies in their view, although it does not require citizens who are not peace officers to do so.Art. 15.24. WHAT FORCE MAY BE USED. In making an arrest, all reasonable means are permitted to be used to effect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the accused.
Mr. Horn repeatedly said that he intended to stop (synonymous with arrest) the burglars. He might have used more force than necessary. If so, then he would be subject to a civil suit, just as any police officer would. There should, however, be no question of criminal charges.
Of course, I'm not a lawyer...