On Tuesday, February 26, 2019, a Llano County jury returned a verdict of 20 years in prison (the maximum sentence) for Michael Andrew Horn, of Kingsland, for aggravated assault with a deadly weapon. Judge J. Allen Garrett sentenced Horn in accordance with the jury’s verdict following a two-day jury trial that began on Monday, February 25, 2019. Assistant District Attorney Ivan LePendu along with Assistant District Attorney Evan Robbins prosecuted the case against Horn, who was represented by Austin Shell, of the Shell and Shell Law Firm.
During the trial, the jury heard that Horn got into an altercation with another individual at Fuzzy’s bar in Llano on the evening of January 2, 2018. After the fight was broken up and the other man was leaving in his truck, Horn ran at the truck holding a handgun and threatened the life of that man, who was able to speed away. Horn then returned to the bar while still holding the gun and threatened the bartender that she had better not call the police.
During the punishment phase of trial, the evidence showed that Horn had previously been convicted of felony drug possession and numerous misdemeanor cases including assault, terroristic threat, possession of prohibited weapons, and unlawful carrying of a weapon (a firearm). Witnesses to the assault also testified during the punishment phase of trial that they had feared for their lives and families if the gun had been fired, either purposefully or even accidently.
The range of punishment for aggravated assault with a deadly weapon is between 2 and 20 years in prison, and a potential fine not to exceed $10,000. Assistant District Attorney LePendu argued that Horn had a history of weapon and violence charges, and that Horn’s choices and actions had endangered everyone at the bar that night. The jury deliberated until almost 8:30 at night before returning their verdict of 20 years in prison.
Mr. LePendu said he was thankful for the hard work of the jury and the strong message this verdict sent throughout the community. Mr. LePendu said, “The jurors took their civic responsibility very seriously. They carefully listened to all of the witnesses and considered all of the evidence in both the guilt and punishment phases of trial. The jury showed this community that threatening the life and safety of others with a handgun is not acceptable, and they held Mr. Horn accountable for doing so.”
Under current Texas law relating to crimes committed using a deadly weapon, Horn will not be eligible for parole until his time actually served in prison equals one half of his sentence.