A Somerville man, charged with killing a Burleson County Sheriff's Deputy, has been no-billed by the Grand Jury.
28-year-old Henry Magee was charged with Capital Murder in the death of Investigator Adam Sowders, but that the charge has been dropped.
Magee was indicted by the same grand jury for Possession of Marijuana While in Possession of a Deadly Weapon—a 3rd Degree Felony.
Magee was accused of murdering Sowders during a raid on his home Decemeber 19th.
During the “no knock” search warrant, Sowders was shot and killed. Magee admits to firing at the SWAT team, but Magee’s attorney, Dick DeGuerin, says he did it in self defense of him and his pregnant girlfriend.
21st District Attorney Julie Renken says she feels the Burleson County Sheriff’s office did nothing wrong or illegal.
In a statement issued by Renken she says self-defense laws in Texas are “viewed in the mindset of the actor, not the victim, which allows for tragedies to occur when one party is acting lawfully.
Renken went on to say that the Sheriff’s deputies would not have been at Magee’s home in the first place, had he not been taking and “producing illegal drugs in his home”, and her office will fully prosecute the drug charges which could land Magee in prison for up to 20 years.
In filing for the “no knock” warrant, Sowders told a Burleson County Judge that announcing law enforcement’s presence would be, in his words “dangerous, futile and could inhibit the investigation”.
Sowders said an informant told him that Magee said he was not afraid to use his weapon, had an aggressive dog and would destroy the drugs.
Texas Rangers were called in to collect evidence. Inside Magee's home, they say they found a sophisticated marijuana grow operation and several firearms.