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)

FBI assault team

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