Grand jury won't indict man who shot Texas deputy

[oneharmonic]

<broken link removed>

A Central Texas man who shot and killed a sheriff's deputy entering his home will not be charged with capital murder, attorneys said Thursday.

A local grand jury declined Wednesday to indict Henry Goedrich Magee for the Dec. 19 death of Burleson County Sgt. Adam Sowders, who was part of a group of investigators executing a search warrant for Magee's rural home.

Sowders and other officers entered the home about 90 miles northwest of Houston without knocking just before 6 a.m. Authorities were looking for guns and marijuana.

Magee's attorney, Dick DeGuerin, said his client thought he was being burglarized, reached for a gun and opened fire.

DeGuerin has acknowledged his client had a small number of marijuana plants and seedlings, as well as guns he owned legally. The grand jury did indict Magee for possession of marijuana while in possession of a deadly weapon, a third-degree felony.

"This was a terrible tragedy that a deputy sheriff was killed, but Hank Magee believed that he and his pregnant girlfriend were being robbed," DeGuerin said in an interview Thursday.

"He did what a lot of people would have done," DeGuerin added. "He defended himself and his girlfriend and his home."

The longtime defense attorney said he could not immediately remember another example of a Texas grand jury declining to indict a defendant in the death of a law enforcement officer.

Julie Renken, the district attorney for Burleson County, said in a statement Thursday she thought the sheriff's office acted correctly during events that "occurred in a matter of seconds amongst chaos."

"I believe the evidence also 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."

Magee is still in custody in neighboring Washington County, but should be soon released on bond since he only faces a marijuana possession charge, DeGuerin said. Renken said her office would "fully prosecute" that case.

The 31-year-old Sowders was a native of Somerville who had recently been promoted to a sergeant-investigator position.

This sets a very interesting precedent. It's extremely rare for someone to even survive shooting at a police officer, let alone get off the hook for murder charges.

But in this case, the grand jury was 100% right. Like the rest of us, Texans are also getting fed up with the militarization of our "peace" officers.

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[Dunerunner]

But with the Felony,, he loses his guns....

hope the Pot was worth it!

 

[ZA_Survivalist]

"Peace Officers"?!
Ha. Policy enforcers.

 

[The Heretic]

Tentatively agree.

This is what happens with no-knock warrants which are increasingly being used.

Then there are the knock then enter a microsecond later warrant executions.

The whole idea of the requirement that a LEO knock is to give the residents time to come to the door and open it peaceably without having the LEOs bash the door down and come rushing in.

 

[Mark W.]

Isn't there an Indiana law allowing people to shoot at cops if they are threatened. As in self defense against a cops actions?

 

[Grunwald]

Isn't there an Indiana law allowing people to shoot at cops if they are threatened. As in self defense against a cops actions?

Yes there is.

 

[Mongo1]

This warrant was for marijuana and no one in the house was in harms way, therefore there was no valid reason to enter without knocking. It's a shame the officer was killed but partly his own fault.

 

[Redcap]

Good. Hope to see more of this.

 

[evltwn]

Good. Hope to see more of this.

What exactly do you hope to see more of?

 

[Sstrand]

Could this be the NORTH BRIDGE moment ?????

Sheldon

 

[evltwn]

Tentatively agree.

This is what happens with no-knock warrants which are increasingly being used.

Then there are the knock then enter a microsecond later warrant executions.

The whole idea of the requirement that a LEO knock is to give the residents time to come to the door and open it peaceably without having the LEOs bash the door down and come rushing in.

I have a tendency to believe this is more the result of tragic ineptitude on the part of the PD involved, rather than a deliberate attempt to abrogate the civil rights of the inhabitants. Professionals act in a manner in which everyone goes home (or to jail) intact. I applaud the courts for weighing the evidence, and I will trust in their decision. The cops have to do a better job that this.

 

[8ball]

Anyone think juries in WA or OR would do the same?

 

[duane black]

Anyone think juries in WA or OR would do the same?

Well, we won't be seeing state LEA here in Washington kicking in doors over a plant anytime soon. Grand jury was absolutely correct. You kick in my door in the middle of night while I am half asleep with multiple others including children sleeping in their beds, and I will defend them too.

Unsure of the answer to your question, I would have thought TX would have went the other way too...

 

[Swedish K]

This has happened before (in TX if I recall) when they served a warrant on the wrong address and the first 2 cops through the door went down from a WWII vet and his 1911. No Knock warrants are over used. I understand if they knock and announce themselves giving enough time for the residents to verify that it is LE and not a home invasion. Seriously, do you think that a weed grow operation large enough to justify a regular warrant service (with a knock) could flush the evidence of their activities in less than say 5 minutes? Maybe a coke, meth, or heroin distribution center but I think it would be difficult to flush even 2 large plants in that time.

 

[Stevenav]

What exactly do you hope to see more of?

Well I'll say it if noone else will.

I hope to see more cases of police officers getting shot and killed by citizens when the police decide to ignore the basic rights of the citizenry.

I'm pro law and order... and I'm very VERY pro police when they respect and serve the citizenry that they're entrusted by.

But I'm very VERY anti police when they think that they do not have to follow some basic rules and behave in a civil and reasonable manner.

Storming a citizen's house like this... it's not reasonable, it's not civil, and as such people should be entitled to defend themselves.

Were I a member of the grand jury I'd not indict either. If I were a member of the criminal jury if they did indict... I'd find him innocent immediately... no matter what the law says. Jury nullification is a valid legal tool to use when the courts are out of control and need to be reined in.

 

[Stomper]

FYI- In Oregon it's statutorily illegal to resist arrest by an LEO, even if the arrest is illegal.

ORS 162.315 Resisting arrest.

(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.

(2) As used in this section:

(a) "Arrest" has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.

(b) "Parole and probation officer" has the meaning given that term in ORS 181.610.

(c) "Resists" means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.

(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.

(4) Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]

POSSIBLE SENTENCE
Probation-Usually
Jail-Often

"acting under color of official authority"... wow, that's a LOT of leeway in some circumstances.



However, there was a successful case of having a conviction reversed: Defendants can't resist arrest if they don't know they are under arrest, Oregon appeals court rules | OregonLive.com


Here's a link to the official court ruling... at the end of the day, it still must have cost a FORTUNE in legal expenses to fight it:

http://www.publications.ojd.state.or.us/docs/A146922.pdf

 

[Fast Eddie]

I would hope not to see more of this by virtue of better legislation and police policies. It's patently absurd that people are being removed from their homes and families over a few pot plants. I didn't vote to make it legal here, but I wouldn't lobby to waste taxpayer dollars chasing potheads.

 

[Redcap]

What exactly do you hope to see more of?

I hope to see more LE paying dearly for their mistakes, even if that means with their lives. No-knock/wrong-house raids are unacceptable and the homeowners should be able to defend themselves and their loved ones.

 

[The Heretic]

This warrant was for marijuana and no one in the house was in harms way, therefore there was no valid reason to enter without knocking. It's a shame the officer was killed but partly his own fault.

What were they going to do, flush the marijuana plants down the toilet?

I don't think the fault lies with the officer as much as the policy.

Until we tell our leaders to stop this nonsense, until we force them to at the ballot box, the police are just carrying out the will of the pols, who are ostensibly carrying out our will.

 

[U201492]

Anyone think juries in WA or OR would do the same?

Well, there was that Everett Police officer who unloaded his Glock into a woman who had shielded her children with her body- 3 kids, a magazine of ammo all shot in her back- the outrage was a bit high. Deaf woodcarver given 7 seconds to put down a closed knife- who was shot to death in downtown Seattle. All the WTO riots where the police abused their authority.

Himmmm, do I see a pattern here developing? I think there's a lot of hostility to the police here for their abuses the last 25 years. Thats the bad. The good is the "Old Guard" is being forced into early retirement- Seattle Assistant Police Chief is 57 years old and will be stepping down in June (thats the plan, anyway).

So I think most people have a "wait and see" mentality right now.