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-Land of the Free
TX Grand Jury Declines to Indict on Killing of LEO in No-Knock SWAT team raid
2014-02-09
An outbreak of sanity in the Texas judicial system that can't last? Long & detailed, RTWT.
On February 5, 2014, the 21st Judicial District Grand Jury returned a No Bill on Capital Murder charges against Henry Goedrick Magee, II, who was the individual who shot and killed Investigator Sergeant Adam Sowders on December 19, 2013 in Burleson County, Texas. Sergeant Sowders was a member of the Burleson County SWAT team that executed a "no-knock" search warrant on Magee's residence.
The basic reason for the warrant was suspicion of a marijuana growing, a little more evil thing than failure to pay a credit card bill, but not by a lot.
Deputy Adam Sowders filed for a search warrant, and requested to enter Magee's home without knocking or announcing law enforcement's presence. He gave multiple reasons based on what the informant had told investigators, including the fact that Magee had been overheard saying he wasn't afraid to use his weapons, he may have an aggressive dog, and that Magee could potentially destroy the drugs.

Sowders said he thought giving Magee notice would be, quote, "dangerous, futile, or would inhibit the effective investigation." A Burleson County Judge who shall forever be held blameless since he is incapable of doing wrong approved the warrant on December 18, 2013, and in the early morning hours of December 19, a SWAT team made the entry into Magee's home.

Press Release from the 21st Judicial District Attorney's Office
Burleson County


On February 5, 2014, the 21st Judicial District Grand Jury returned a No Bill on Capital Murder charges against Henry Goedrick Magee, II, who was the individual who shot and killed Investigator Sergeant Adam Sowders on December 19, 2013 in Burleson County, Texas. Sergeant Sowders was a member of the Burleson County SWAT team that executed a "no-knock" search warrant on Magee's residence

Statement from Julie Renken, 21st Judicial District Attorney:
"December 19, 2013 was completely foreseeable and avoidable by anyone capable of pouring urine out of a cowboy boot a tragic day for the Sowders' family and Burleson County, Texas. Investigator Sergeant Adam Sowders was a law enforcement officer who was passionate about serving his community. He was generous, respectful and admired in Burleson County and by our office."

"The events on December 19, 2013 are tragic. In my opinion, the Burleson County Sheriff's Office did nothing illegal by securing and executing a "no knock" search warrant that day. I believe the evidence also shows that an announcement was made. However, there is not enough evidence that Mr. Magee knew that day that Peace Officers were entering his home. The events occurred in a matter of seconds amongst chaos. The 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, but it can be reasonably seen as a threat of deadly force by another. However, the Burleson County Sheriff's Office would not have been there that day if Mr. Magee had not decided to be evil
IANAL, but the DA can return to a grand jury as many times as wished to attempt to get a murder indictment. Mr. Magee's life as he once knew it is so over.
Posted by:Anguper Hupomosing9418

#13  ..now the widow can sue the department..

"...anyone capable of pouring urine out of a cowboy boot..." ROTFL - prose truly worthy of Shakespeare.!
Posted by: Uncle Phester   2014-02-09 22:27  

#12  The police in Albuquerque are frequently criticized for shootings they've been involved in (not SWAT stuff). There was a recent 30-minute long shootout and chase through the streets of ABQ, ending with the perp dying from wounds received from 8 officers. 3 officers were wounded. The unusual part of the this story was the release of multiple videos taken by police cameras, soon after the incident.
The irrelevant part of this news is to be expected: handwringing by people objecting to the release of live video of fatal incidents.
ABQ Journal recently stated: Police misconduct lawsuits since 2010 have resulted in a tab of more than $24 million for Albuquerque taxpayers. The number will likely increase as several suits are ongoing and recent officer-involved incidents may result in new lawsuits being filed.
The US DOJ has been investigating the APD for unjustified use of force since 2012.
Posted by: Anguper Hupomosing9418    2014-02-09 22:16  

#11  JQC, we need to be careful with our language. Law Enforcement isn't too cowboy, which implies individualism and calmness under stress.

Law enforcement is becoming too Police State tyrranical with all THAT implies.
Posted by: AlanC   2014-02-09 20:25  

#10  What's to prevent the home-owner from thinking it is a home invasion in progress? No knock warrants should be used very, very sparingly with considerable supporting intel to validate the right house and right slack-jaw(s). There seems to be too much law enforcement cowboy stuff going on these days. Bad things are likely to happen for one or both sides.
Posted by: JohnQC   2014-02-09 18:29  

#9  SAM, and we need to remove the toys from the boys.

Oh, I agree most definitely, and a lot of other stuff. Like strip the cops, DA's and judges of immunity. Make them have to be responsible for their actions. The ONLY legitimate use for SWAT is an active shooter or a hostage situation. Period.

If you look at Burleson County on G@@gle Maps, you'll see it is a crap podunk little county with only one town of any size. So, they're always looking for a way to raise revenue.

I'm working hard to get my State Rep. reelected, I expect we will succeed. When we do some of us are going to twist his arm real hard to introduce legislation at the State level to make SWAT a county level only capability, and to put some very severe restrictions on when it can be used.
Posted by: Secret Asian Man   2014-02-09 15:34  

#8  "Could potentially" is a pretty low standard for a no knock raid. Basically no standard at all.
Posted by: Iblis   2014-02-09 11:57  

#7  There was an article on the Burg a few days back about a SWAT team doing a midnight raid to investigate credit card fraud, no one was killed there.
Posted by: Anguper Hupomosing9418    2014-02-09 11:20  

#6  ...slightly more difficult than trying to flush a Koran down one. Of course using common sense didn't stop the journalist from making such a claim (and people died as a consequence as well).
Posted by: Procopius2k   2014-02-09 09:34  

#5  Magee could potentially destroy the drugs.

ever tried to flush a bunch of 6' trees?
Posted by: Frank G   2014-02-09 08:24  

#4  SAM, and we need to remove the toys from the boys.

The idea that "Peace" officers seem to be the ones initiating so much of the violence is as disgusting as it is ironic. The Police State tyrants keep slithering on.
Posted by: AlanC   2014-02-09 07:49  

#3  The boys must play with their toys. We need to remove this judge from the bench.
Posted by: Secret Asian Man   2014-02-09 05:46  

#2  They sent a SWAT team out over a bunch of pot plants? You have got to be frigging kidding me.

And a Judge approved a no-knock warrant over a bunch of pot plants?
Posted by: CrazyFool   2014-02-09 05:30  

#1  Little was learned from Waco.
Posted by: Besoeker   2014-02-09 03:27  

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