Texas Man Who Killed Police Officer During No-Knock Raid Will NOT Face Murder Charge – Grand Jury Refuses To Indict…

HatTip elvischupacabra – 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.

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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.  (continue reading with video)

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59 Responses to Texas Man Who Killed Police Officer During No-Knock Raid Will NOT Face Murder Charge – Grand Jury Refuses To Indict…

  1. I Am Trademark says:

    Guy’s lucky to be alive…
    Surprised the cops didn’t blow him away for having the audacity to defend himself from an armed intrusion in the dark of night.

    Like

  2. justfactsplz says:

    I am glad the Grand Jury got this right. Someone comes crashing into your home in the middle of the night you’re going to shoot and ask later. I love the sign “We the people have had enough”. We certainly have.

    Like

  3. Abagail says:

    Henry Magee had best learn to disappear.

    They’ll be out for payback….. he’ll have an “accident.”

    Like

  4. Lou says:

    awesome story. I’ve often had the thought of what I’d do if a police officer illegally harrassingly knocked down my door. they think they are the only one with guns. well, maybe if Obozo had his way.

    Like

  5. Coast says:

    Many years ago the police raided a house almost directly across the street from someone I know. The raid occurred just after dark, and my friend had just returned home from the store. As he was standing in his driveway, he said a large dark van quickly pulled up, out jumped numerous dark-clothed armed individuals, and they proceeded to “light-up” the house by throwing stun grenades through various windows. As the grenades were going off he said it looked as if the roof of the house was going to be lifted off. Movements after they broke through the front door, the homeowner fired a handgun which killed one of the first cops. The bullet entered his head. The homeowner was initially charged, but was not convicted, and the raid itself was about drugs, but nothing much was found. If they believed that drug activity was occurring, then why not arrest the homeowner at work, obtain a search warrant, and go into the home when he wasn’t there.

    http://articles.orlandosentinel.com/1989-02-16/news/8902170153_1_titusville-house-early-today

    Like

    • LetJusticePrevail" says:

      It’s unfathomable how an armed SWAT team could detonate 3 stun grenades in a house that numerous children inside, no matter what the adults could have been suspected of. (It’s also weird that a little town like Titusville needs a SWAT team to begin with) I been there many times, and there’s not much to the place. Reminds me of Mayberry RFD, only by the sea.

      Like

  6. JAS says:

    Think the next time they will knock and identify themselves? I don’t. Next time they’ll throw a grenade in first.

    Like

  7. Troy W says:

    They better announce before they get to the steps in my house. First head I see coming up the steps gets removed….And I keep a loaded .308 as my last stand weapon at the top of the steps.

    Like

    • Chip Bennett says:

      I wouldn’t advocate following this as legally sound advice. If you shoot someone merely because they’re standing on the steps outside your house, you’re almost assuredly going to jail, and rightfully so.

      Like

      • Chip Bennett says:

        Must drink more coffee…

        …before they get to the steps in my house.

        I’m with you now.

        Like

        • Troy W says:

          Yes I have a 2 story house, there is no escape from the upstairs from those steps there is no place to retreat that is not a bedroom or bathroom. Anyone coming upstairs has to pass the master bedroom door right at the top of the steps. If they haven’t announced by the time they get to the steps I have to assume they are bad guys as they would have had to clear 6 rooms and a hall before getting to the steps. If they haven’t announced by then anything I see at the bottom of the steps is getting fired on.

          Like

          • auscitizenmom says:

            I’m in a similar situation. I’ll be standing at the top of the stairs. I’ll be dead when it is all over, but I don’t really know what else to do.

            Like

          • Griz2000 says:

            “Announced”?

            Because if someone says they are the police, of course they must be, right?

            I have reached the point where I believe that the authorities are intentionally refusing to try to apprehend suspects in a non-confrontational manner, and this has been their intent for decades.

            I no longer recognize the country I was born in.

            Like

      • Bobby Alouie says:

        Can someone tell me where in the Constitution that police or federal agents have a right to possess firearms and don’t quote the 2nd, that is for the people not the government !!

        Like

      • doodahdaze says:

        I would wait til they get in too. Unless they are firing in to the house.

        Like

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  9. myopiafree says:

    A “forced entry” in the darkness of night.

    “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.”

    What the hell is, “no knock”? Where did that come from? Busting down a door at night – is not right – by any standard. Burning down the “house” to get rid of the “rats” – is no how you solve a “rat problem”. Trashing our Bill-of-Rights, is not how you solve a “drug problem”.

    This should be a ACLU issues. Where are they?? Or is it they do not like “guns”?

    Like

  10. All of these incidents are designed to induce the justification for martial law and firearm seizures and the killed or wounded police will be used as props to justify the order. The police are currently in their buildup phase, which is why so many departments are purchasing armored vehicles. No knock warrants are specifically intended to force a violent confrontation whenever possible which is why they are carried out as an assault on buildings and never used to merely apprehend a suspect at a less fortified location.

    The average gunfight, non combat action, lasts only 7 seconds with 5 shots being fired, and in many cases does not result in a immediate fatality.

    The sole purpose of the no knock raid is to generate fatalities, which can be used to further justify increased spending on heavier equipment to defeat the presumed threat. Target surveillance is never used prior to the assault, which is the only way such force could be justified. Very few notice it’s absence because headlines are the goal not tactical advantage.

    Like

  11. don king says:

    the answer to this is remote detonation IED’s

    Like

  12. mcfyre2012 says:

    It was a bone-headed move by the Burleson County Sheriff’s Dept. and should have been handled in a different method than an early-morning “no-knock” warrant.

    Like

  13. Many years ago, we attended the trial of a neighbor of ours who had “pointed a gun at” sheriff’s deputies in plain clothes who had entered his property – acreage in country – again, looking for drugs. This neighbor came home from work and saw non-uniformed people crawling all over his property. Hence, the gun. During the jury trial, his brilliant defense attorney noted at every opportunity during cross-ex, “And you left the gate open?”
    As we city folks recently arrived in rural area nervously awaited the verdict, we talked to an old geezer whose wife was on the jury. “What do you think?” we asked him. “They’ll let him off,” he said. “This is like Prohibition days. Cops were running around on people’s property looking for illegal booze busting stuff up.”
    He was right. Verdict: not guilty! Rural juries seem to be more sensible than the others. The real sin was leaving gates open – you can lose livestock when that happens! Every rural kid learns that before he’s three years old.

    Like

    • elvischupacabra says:

      That’s also why, when riding in the (pick-up) truck, you always want to sit in the middle. Left seat has to drive and shot-gun handles the gates. You can snooze.

      Like

  14. czarowniczy says:

    I think the person(s) who should be up on charges is/are the one(s) in the administrative/bureaucratic section of the PD who approved the no-knock warrant. They may be found not guilty but the judicial review should determine if the no-knock is really needed. The Supreme Court has approved them but I believe they are way over used, they’ve become the child’s hammer to be used on every nail regardless of size. As seen, it puts officers in danger as well as civilians.
    Most probably don’t remember an incident in DC about 50 years ago (it’s been that long) where a Federal SWAT team served a no-knock on a DC townhouse and were met by the resident who stood at the top of the interior stairs with a black powder pistol, defending his house from the unannounced entry – and he was shot dead. Oh, I forgot to mention, they had the wrong address. It still happens.
    The no-knock was about officer safety but also about preserving evidence, both of which can be done without a no-knock but with less media appeal and less of a bureaucratic taint of bravado. To a lot of LEA bureaucrats the glamour of releasing their personal Kraken is too much to resist, and it not only puts a scare into the bad and good guys alike but demonstrates the bureaucrat’s ability to enforces political order.
    I’d prefer to see a standardized national policy on SWAT/entry team training and deployment – believe me when I say training standards differ widely across the US. Most departments will give you the boilerplate blah blah about training to rigorous standards but then what would you expect them to say? While we’re at it I’d also like to see a\us return to the older and more tougher standards that used to be used for no-knock considering the dangers they pose to all concerned.

    Like

    • elvischupacabra says:

      Part of the problem is the influx of military thinking into the PD. Yeah, you did this in Iraq and Afghanistan, and it worked well. This isn’t there, and over here, it’s not Baathists and Al Qaida you seek. The militarization of the po-lice has seen these guys getting guns, tanks, night vision, body armor and fully-automatic weapons. When you’ve got the hardware, you wanna be using it. Bad idea in a free society.

      Just like David Koresh, they could’ve arrested this guy in town, on the open road or during the daylight. Notice too, that Dick DeGuerin defended both the Branch Davidians and McGee. He’s an amazing lawyer….

      Like

      • JLee says:

        @elvischupacabra – worse yet, a lot of the police that have been equipped with military equipment or similar, have never served in the military.

        Like

      • czarowniczy says:

        The militarization really took off in the 70s with the LA SWAT craze. Granted LA had (and still does have) a problem but soon even a Podunk PD with 6 officers on staff wanted a SWAT unit. Klinton didn’t help much either when he gutted the military to help pay for his phony Economic Miracle and started giving away the military equipment to PDs. He gave out thousands upon thousands of M-16s and more than a few other pieces of hardware that should have never been passed out. Most of the PDs and SOs in the area here have military vehicles, especially 5-tons, and some are getting heavy armored cars with gun mounts from military contractors. Big problem is that when you have that stuff the bureaucrats who want to impress the public with their power just froth at the mouth to use it.

        Like

    • Griz2000 says:

      As long as we allow our public servants to pillage and kill and suffer no personal consequences nothing will change.

      Show me the bureaucrat that signed off on Fast-And-Furious gun walking and went to jail… Rather than being promoted, or “retiring” to a Soro-funded think tank.

      You know why the fascists on the left win? Because when a right-winger in a position of authority is caught doing something wrong, he is excoriated, made a pariah, and resigns or is removed. Leftists PRAISE AND PROMOTE those caught blatantly violating the letter of the law and any standards of decency and morality. And they win.

      Like

      • czarowniczy says:

        The right-winger may have also been ‘turned’ by members of one philosophy or another when caught with his hand in the cookie jar. Then we have those lefties who dress in conservative clothing just to get into the party. I go back to my personal belief that pols caught being bad boys should be tried by their electorate and that malfeasance in office, upon conviction, should be a capital offense. That will make for either more honest pols of more frequent elections.

        Like

      • ac says:

        fast and furious is a completely different subject. what i can think about it, maybe it was an arms delivery to a paramilitary group fighting against mexican cartels that were becoming a threat of coming to the states. it was not about civil rights as it is the case with these out of control swat teams.

        Like

  15. JLee says:

    This happened to the mayor of a town near me:
    http://www.washingtonpost.com/wp-dyn/content/article/2008/07/30/AR2008073003299.html

    Where the police mistakenly raided the wrong house(obviously) and killed his dogs in the process.

    Like

  16. Abagail says:

    A favorable decision on the Quinn vs Texas case would stop these abuses.

    Citing 2nd & 4th Amendments, Rutherford Institute Asks Texas Appeals Court to Ensure that Lawful Gun Ownership Is Not a Trigger for ‘No-Knock’ Police Raids

    “AUSTIN, Texas — In a case that tests the limits of Second and Fourth Amendment protections for law-abiding gun owners, The Rutherford Institute has asked a Texas appeals court to ensure that individuals are not subjected to unannounced “no-knock” entries by police based solely on their lawful possession of a firearm. ”
    https://www.rutherford.org/publications_resources/on_the_front_lines/citing_2nd_4th_amendments_rutherford_institute_asks_texas_appeals_court_to

    From the NRA-ILA article, Police Using Data Concerning Lawful Gun Ownership to Ratchet Up Scrutiny, Escalate Tactics
    http://www.nraila.org/news-issues/articles/2014/2/police-using-data-concerning-lawful-gun-ownership-to-ratchet-up-scrutiny,-escalate-tactics.aspx
    “The Court may take up this issue again in the case of Quinn v. Texas, which is pending on a petition that asks the Court to consider whether police can assume occupants of a residence are dangerous, and dispense with the usual requirement to knock and announce their presence when serving a warrant, based on someone in the home lawfully owning a gun.”
    http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-765.htm

    Like

  17. Rurik says:

    Seems to me that the Grand Jury decision is a de facto rejection of the no-knock raid. And that illicit raid got a deputy killed. Shouldn’t that be grounds for indicting for murder the sheriff or other supervising authority who ordered the illicit raid? And maybe the other officers who participated? Even were there no conviction, it would be a salutary counter-offensive to remind the po po there can be consequences for them too.

    Like

  18. 2007, Minneapolis – Here is another police raid where the cops had bad info, wrong house:

    “…Moua bolted upstairs, where her husband, Vang Khang, grabbed his shotgun from a closet, knelt and fired a warning shot through his doorway as he heard footsteps coming up the stairs. He let loose with two more blasts. Twenty-two bullets were fired back at him, by the family’s count.

    Then things suddenly became clear.

    “It’s the police! Police!” his sons yelled.

    Khang, a Hmong immigrant with shaky command of English, set down his gun, raised his hands and was soon on the ground, an officer’s boot on his neck….”

    http://www.foxnews.com/story/2007/12/18/minneapolis-swat-team-raids-wrong-house/

    Like

  19. TFred says:

    I abhor the very notion of a “no-knock” warrant, except for the extremely rare case of OBVIOUSLY exigent circumstances where the lives of innocents are in danger.

    The abolition of this practice in the United States should be at or near the top of the list of every rights organization in existence. From the NRA to the ACLU, and everyone in between.

    While I am very glad that this man was not indicted, until these practices are outlawed and in fact stopped (sadly we all know that these two conditions are no longer interrelated…) I am very fearful for what cases like this mean for the NEXT no-knock warrant victim. Now that the law enforcement agencies know that they may be shot for home invasion, how will they escalate the force used in the next one? Clearly they will now see that they need to disable all persons in the home before they even get inside the front door. What’s next, mortars? Grenades?

    When will it stop?

    Like

  20. Sentenza says:

    It probably has a lot to do with federal grants for SWAT teams.

    When the government spends money to encourage a certain kind of behavior, that’s what we end up with.

    Like

  21. ytz4mee says:

    Setting aside the issue of the raid …… the only reason Angela CoreyFong was able to get away with her malfeasance and foist a show trial on the public to appease the insatiable ca$h seeking BGI machine was because she elected to side-step the scheduled Grand Jury. I am confident that a Grand Jury in GZ’s case also would have returned a No Bill.

    This points to why we need to demand that SAG’s can not “side step” citizen grand juries for prosecution of major crimes. The amount of taxpayer resources expended – and the inherent unfairness of facing the inexhaustible resources of the Leviathian, are in and of themselves good reasons to enshrine as mandate rather than option/suggestion citizen Grand Juries for charging of major crimes that would lead to a life in prison or execution.

    Like

  22. jc says:

    I can understand the cops being meatheads all macho and pumped up to take out a bad guy they fear won’t be convicted but what about the judges approving these armed assaults on civilians in their homes? Every one of these situations has a high probability of death or serious injury, is catching some loser with a bagful of pot worth anyone’s life?

    Why aren’t these judges asking a few simple questions “is this the least violent, least dangerous way to serve this warrant”? “Will no one else be endangered”? “is this worth someone’s life”. If they can’t offer a convincing yes to all 3 questions there should be no sneak attack warrant issued

    Like

  23. QuadGMoto says:

    From the linked article:

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

    Really? This sounds a bit like double-jeopardy to me.

    Like

  24. Rufus says:

    If it LOOKS like a standing army, Acts like a standing army and drives around in armored troop carriers waving submachine guns and full-auto rifles …………..
    Guess what, folks!
    It IS a standing army.
    Think about that the next time you hear a cop refer to anyone not wearing a uniform as a “civilian”.
    Then think upon the fact that a member of the military will use that same word in reference to local law enforcement.
    The “police” call it a “no knock warrant”.
    The Army calls it a “strategic attack”.

    Like

  25. JP says:

    So many ignorant and uneducated comments posted on here. A no-knock warrant is statistically the safety search warrant to execute for all parties involved. It does not allow time for the suspect/s to have time to take up a defensive posture and attack officers or destroy evidence, especially in a case where the known criminal is a drug dealer and has made documented statements that he would use deadly force against anyone on his property including law enforcement. By his own admission he admitted hearing them call out “SHERIFF’S DEPARTMENT, SEARCH WARRANT” upon entering the home. How many of us can say that we must sleep on the floor of our living room with an assault rifle to protect our criminal activities because the rest of our house is taken up for drug sales. Let us also not forget the amount of time it takes go from the floor in a sleeping position and stand up, aim, point, and shoot is far more time than the deputies entering the home. Which shows he would have no argument that he didn’t know who was in the house. This is why no-knock warrant is so effective and safer for all.

    Every honest, legal, hardworking, tax paying America has a right to defend themselves and doesn’t have to worry about a SWAT team kicking in their door. A drug dealer with a past criminal history on the other hand does. When in our society did it become ok for a drug dealer and a cop killer to walk the streets among us?

    Like

    • JLee says:

      “Ignorant and uneducated comments”? How would you like to have a no-knock warrant served on you by accident? Think it doesn’t happen? It happens more than you think. The mayor of a town near me had his two dogs shot by a SWAT team who did a no-knock warrant (even though they screwed up and did NOT actually have one) because some criminal had drugs delivered to his address (if you don’t know about this practice, look it up; where criminals deliver drugs to other people’s homes and pick up the drugs before the actual home owner gets a hold of the drugs).

      You’re either a buffoon or a cop being defensive about the “militarization” of our police.

      Like

    • doodahdaze says:

      All to get a drug bust. Phooey! Ain’t worth it. Yougottabekiddingme.

      Like

  26. Mark says:

    Good. Now let’s see how they feel when one of their own dies. Not because of this clown, but for those homes wrongfully raided. Couldnt be happier.

    Like

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