Texas Man won’t be Prosecuted for Killing Cop in No-Knock Raid

No Knock Raids Extremely Dangerous For Police

SOMERVILLE, TX— Last December, Henry Goedrich Magee was sleeping peacefully with his pregnant girlfriend when authorities entered his home in a “no-knock” raid around 6 a.m. With no warning, or search warrant, police swarmed Magee’s home searching for marijuana and guns. Magee believed the police were thieves and reached for his gun, which he legally owned. He opened fire and shot Sgt. Adam Sowders, who died at the scene.

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The raid turned up a small number of marijuana plants and seedlings, as well as Magee’s legal guns.

A grand jury decided on Wednesday that the incident could have happened to any homeowner in a similar situation, and declined to indict Magee for capital murder. “He did what a lot of people would have done,” said Magee’s attorney Dick DeGuerin. ‘He defended himself and his girlfriend and his home.’ Magee was indicted for possession of marijuana while in possession of a deadly weapon, which is a third degree felony.

This case breaks new ground in Texas. Magee’s attorney, who has been practicing law for many years, couldn’t recall an incident where a grand jury refused to charge a defendant in the death of an officer.

DeGuerin said sheriff’s deputies did not knock on the door or announce who they were when they entered the home, but Julie Renken, the district attorney for Burleson County, disagrees.

“I believe the evidence…shows that an announcement was made,” Renken said. “However, there is not enough evidence that Mr. Magee knew that day that Peace Officers were entering his home.” The police weren’t wearing body cameras during the raid.

Magee is still in custody for his marijuana possession charge, but will soon be released on bond.

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277 Comments

  • picnicfun
    February 9, 2014, 3:52 pm

    Unfortunate for the officer. A right verdict for the defendant. Why was a no-knock raid necessary? What was the problem coming in late in the morning with a “knock”, presenting a warrant, and proceeding as normal. This tactic was wrong and exposed everyone to needless danger.

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  • Tyler
    February 9, 2014, 3:54 pm

    The term Peace Officer always amuses me.

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  • Kevin Genteman
    February 9, 2014, 3:56 pm

    Good! Jury Nullification. You have every right to vote not guilty even if there was a clear crime committed if that law violates natural law or even your conscience.

    There was no warrant or even a reason for them to bust down his door. This is a violation of his rights and the police officer was compliant in the violation. It sucks to be the one just taking orders. But the police need to be demilitarized.

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  • d3z
    February 9, 2014, 3:56 pm

    Again, we are talking about a very non lethal drug that was gone way overboard on taking him down. Illegal in TX yes he did break the law but we are talking weed here no a meth lab.

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  • Kerry Schultz
    February 9, 2014, 4:00 pm

    The sad part of all of this is the fact that in Texas he will get Life in Prison for the Marijuana and being in Possession of a gun that he was legally allowed to have,

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