Henry Magee / KBTX screenshot
The Daile Caller
Henry Magee, a 28-year-old Texan who accidentally shot and killed a police officer during a no-knock raid on his home, will not be indicted on murder charges, according to a grand jury.
Burleson County police raided Magee’s home in December after receiving a tip from an informant that he was in possession of drugs. Five pounds of marijuana were found the premises.
Police did not knock before entering the home, and they executed the search before sunrise, when it was still dark outside. Magee’s lawyer told the grand jury that his client
thought the police were burglars, and he fired his gun to protect his girlfriend, who was pregnant. The bullet struck and killed Deputy Adam Sowders.
thought the police were burglars, and he fired his gun to protect his girlfriend, who was pregnant. The bullet struck and killed Deputy Adam Sowders.
The grand jury determined that there was not enough evidence to charge Magee with murder. He was indicted for possession of illegal drugs while in possession of a deadly weapon, however.
The lawyer, Dick DeGuerin, stressed that the accidental shooting would not have occurred if police had attempted the raid in the daylight, or identified themselves first.
Something similar happened in Minnesota in the 80's. Only, there was no evidence of any other laws broken to justify the police breaking into his house.
ReplyDeletehttp://mpdfederation.com/line-of-duty.asp?DocID=57
Fascinating case. It makes sense that somebody with that much weed would have a gun. However, it seems to have worked against him in the instance of being brought before a judge. Obviously the dewd has attracted a lot of attention. He's an idiot to think that he could get away with this type of an operation in Texas. Small time bros. Bring in a couple of ounces from California. One joint was enough for prison time in Texas in the 1980s
ReplyDeleteHis ass is grass. The sentence for possession with intent to sell, the vast quantity, coupled with this ridiculous notion of being in possession of illegal drugs while in possession of a deadly weapon will guarantee him some serious time.
Even in my prime, it would have taken me eight years to smoke that much weed.
I agree it's a fascinating case, especially in the more-than-fair treatment he seems to be getting in Texas. One thing the story points out though, is how guns so often make matters worse.
ReplyDeleteThis was not an accident. It was a reasonable act of self-defense against a home invasion. The fact that the invasion happened under the color of law only goes to show how out of control law enforcement has become, thanks to our idiotic War on Drugs.
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