TX Man No Billed After Killing Deputy in No Knock Raid

[Dale00]

From a Bryan TX television website

WASHINGTON COUNTY A Burleson County Grand Jury declined to indict the man who shot and killed a Burleson County Sheriff's Deputy who was serving a search warrant in December.

Investigators were executing a search warrant at Henry McGee's mobile home near Snook when the shooting happened.

News 3 takes a look at why deputies had targeted McGee's home.

28-year-old Henry Magee is no longer charged in the shooting death of Burleson County Sheriff's Deputy Adam Sowders.

A grand jury decided there wasn't enough evidence for him to stand trial on the capital murder charge.

McGee admitted to shooting Sowders before sunrise on December 19th while the deputy and other investigators were serving a no knock search warrant for drugs at McGee's mobile home near Snook.

Magee's Defense Attorney Dick DeGuerin says his client thought someone was breaking into his home and fired to protect his pregnant girlfriend and himself.

"Well we feel that the grand jury acted fairly and reasonably and had all of the information that it needed to make the decision that it did. That is that this was a justified shooting and, but we need to say that this is a tragedy," Dick DeGuerin said.

The SWAT Team found less than five pounds of marijuana plants growing inside and the grand jury indicted him for possession of marijuana while in possession of a deadly weapon.

"It need not have happened. They could have walked up to his house in the daylight and he would have let him in or they could have stopped him as he left his house to go to the store," said DeGuerin.

Our attempts to reach Sheriff Dale Stroud were unsuccessful.

The District Attorney's office released a statement saying,

"The Burleson County Sheriff's Office would not have been there that day if Mr. Magee had not decided to live a lifestyle of doing and producing illegal drugs in his home. Therefore, we will fully prosecute the drug charges against him."

Sowders had recently been promoted and had requested the search warrant after a tip from an informant.

Burleson County District Attorney Julie Renken wouldn't say if she'll present the case again to a different grand jury.

Magee remains in jail on felony drug charges.

His bond has been lowered to $50,000.

H/T Instapundit.com

 

[otis147]

too bad he'll probably do time anyway.

 

[0311]

What were they thinking?

 

[caojyn]

 

[0311]

While it's not against the law to kill LEs serving warrants in Texas, like this poor victim, you might get arrested for growing pot.

 

[otis147]

if the poor victim had knocked on the front door at a decent hour, and announced himself, perhaps he wouldnt have been shot like a criminal thug breaking into someone's house.

 

[ConstitutionCowboy]

Burleson County District Attorney Julie Renken wouldn't say if she'll present the case again to a different grand jury.

I guess double jeopardy is permissible in this case.

That, and how do they know he wasn't growing the hemp to make rope...

 

[0311]

if the poor victim had knocked on the front door at a decent hour, and announced himself, perhaps he wouldnt have been shot like a criminal thug breaking into someone's house.

Perhaps, otis147, perhaps. But let us not forget that growing pot in a house-trailer is still illegal in Texas, and that can getcha in trouble. It is obvious that this law needs to be changed.

 

[WessonOil]

But it's just way more cool when you kick in a door, and then get interviewed on TV in your black uniform.

 

[Arin Morris]

Sowders...had requested the search warrant after a tip from an informant.

They should have more substantial evidence than a "tip" for a search warrant.