A Texas man was not charged with the killing of two burglars shot in November. Monday, the jury rejected charges against Joe Horn who shot to death two burglars, as he saw them leaving his neighbor’s house.

According to The New York Times, the case was not a regular one because there were some ethnicity issues as the two men were illegal immigrants from Colombia and Horn is white. On one hand there were some who said the situation would have been different if Horn had been black and he wouldn’t have gotten away with it. On the other hand, Horn’s lawyer said his client had no other choice and the circumstances made him act that way.

“Joe is not some wild cowboy. He was put in a place where he didn’t have any other choice,” said Charles T. Lambright, reported The New York Times.

On November 14, Horn, a former computer manager, saw two burglars in his neighbor's house in Pasadena and called 911. He told the operator that he planned to shoot the men.

“I’m not going to let them get away with it. I’m going to kill them,” said Horn.

While the operator was telling Horn not to shoot, the police arrived at the scene but it was too late, as Horn had already shot the men in their backs. Hernando Riascos Torres, 38, and Diego Ortiz, 30 died shortly after the shooting. Allegedly they had stolen some jewelry and about $2,000.

According to the Texas Penal Code, deadly force is allowed if it is considered necessary and in cases when the one who committed the burglary is trying to flee the property. Apparently Horn did exactly like the Code said and the jury made a thorough review regarding the case, considering he shouldn’t be charged with the killing of the two men.