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.
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.