Most of the marijuana plants recovered from the home of the man accused of killing a Burleson County deputy in December were seedlings, according to Henry Magee's attorney.

The list of property seized from the home on County Road 278 included two marijuana plants in planters and eight marijuana plants under grow lights in a closet, according to documents released by the Burleson County District Attorney's office earlier this week.

Investigators with the Department of Public Safety searched the mobile home following the shooting death of Sgt. Investigator Adam Sowders, 31, on Dec. 19.

Sowders had requested a "no-knock" search warrant for Magee's home near Somerville based on information from a jailed informant who told authorities he had seen 12 to 15 marijuana plants about six feet tall in Magee's home, according to the affidavit for the search warrant.

As the team of deputies made entry into the home before 6 a.m., Sowders was shot and killed. Magee, 28, was charged with capital murder, which is punishable by life in prison without parole or death by lethal injection.

Dick DeGuerin, Magee's attorney, said two of the plants were six inches tall and the other eight were seedlings or cuttings.

Also found in and around the home on Dec. 19 were seven firearms, a flash bang and two spent casings, according to an evidence log compiled by the Texas Rangers.

A .223-caliber rifle, a shotgun and a handgun were in a gun safe in the master bedroom closet, two rifles were outside near a tree, another handgun was found in a parked vehicle and a .308-caliber semi-automatic rifle was recovered from a hallway near the master bedroom, according to the search warrant return.

DeGuerin said two of the rifles and the shotgun belonged to Magee, the handgun in the vehicle belonged to his sister and the second handgun was issued to his mother when she was in the military. The other two rifles belonged to officers on the scene, he said.

The .308-caliber rifle was the weapon used to shoot the deputy, whom Magee believed to be a burglar, DeGuerin said.

Burleson County District Attorney Julie Renken said she did not believe any of the guns recovered were stolen property. The affidavit for the warrant, however, listed possible stolen weapons as a reason for the search.

Magee is being held at the Washington County Jail on a $1 million bond and has a court date scheduled for Jan. 31.

His case is expected to be presented to a grand jury in the next 30 days.

Renken did not provide a specific date to protect and "maintain the integrity of a grand jury investigation."

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(43) comments

queenie

I agree with pbain. Homeowner would not intentionally shoot an officer because the consequences are far too serious.

queenie

According to the DPS public information Magee's record shows No felony convictions at all. Sabio....instead of making statements that aren't true, do your own "due diligence". You will not have to repeat the false information that is most of your posts. And your opinion on what "enterprise" was being protected or the "circumstances" during the execution of the no knock warrant is not based on the facts or the truth either.

queenie

Anneis- I hope you are not chosen as a juror on any case that I may be involved with. You have the right to express yourself but your conclusions are not based on fact nor are they reasonable. The loss of life should not have happened. Marijuana and alcohol aren't to blame, those substances are not the problem nor is a gun the problem. (By the way, I do not smoke marijuana nor do I do any drugs at all, your comments compelled my response.) Marijuana or hemp is believed to have been brought to the US by traders from eastern Europe and India in the 1600's along with other spices and plants. In Texas, marijuana grew naturally and was indigenous to our area. The slang term "weed" came about from the plants wild growth in the US. I do not know if marijuana is good or bad. I know that it is illegal but human life has more value than a marijuana plant. Your reference to "a needle" is dogmatic, unsubstantiated and simply doesn't have anything to do with these circumstances. Until alcohol was taxed and regulated by the government, it also was an excuse for overzealous police/government entities to infringe on the rights of citizens. The government and police work for us....we pay them and ALLOW them to enforce laws that we deem necessary. When an a trained expert and professional such as a LEO receives information, that information MUST be verified before any action is taken against a citizen. It is abuse of power and incompetence if due diligence is not done or required, especially when a "no knock warrant" is initiated. If an unknown intruder is shot and killed by a homeowner and the intruder happens to be a LEO, does that automatically mean that a LEO can bust through a door at anytime....the answer is NO. Being a LEO doesn't mean that you are right. The jailed informant should have the capital murder charge not the homeowner. I am no different than Magee....I am homeowner and also a gun owner in the great state of Texas, I have the right to protect my family and property. I am prepared to make a split second decision and respond to an intruder with deadly force if necessary.
Anneis, if you have a problem with our GOD given rights being exercised, perhaps you should take your own advice and head north on Hwy. 6 out of town and then to Chicago. The gun laws protect the criminals there.

Luci

Yes, marijuana is not legal. However, what a HUGE waste of a life over a few, small plants. The felon with weapons is a problem, but anyone who lives out in 'the sticks' really needs a firearm.
The discussion of legalizing a substance that is less harmful and addictive than alcohol is for another day.

Nunya Bidness

McGee fired to protect an illegal enterprise. It doesn't matter that it was drugs. It could have been gambling. It could have been prostitution. It could have been money laundering. What matters is that McGee killed a police officer to protect illegal activity.

That it was because of a drug you think is harmless is irrelevant.

pbain

I am sure his thought was "oh no my precious seedlings, I better kill this person" hahaha....He won't get convicted of capital murder. Manslaughter at most with a few years probation - assuming the charges don't get dropped completely. I am sure the DA is just as dumb and incompetent as the judge that signed this warrant, and Mr. McGee has himself an exceptionally good attorney that could convince even people as biased as you.

Karl Hungus

Magee fired to defend his home from what he thought (and what, to me, actually was) an armed home invasion.

There are consequences to kicking in the front door of a rural Texas home in the dead of night. Mr. Sowders experienced some of them. In the end, we can chalk this one up to "suicide by citizen."

Immortal Illumined

the greatest plant in the universe is almost free, LET FREEDOM RING!!!13

from 0 states to half the country, from low 20% approval to almost 70%, all it took was cali, we run this planet by 20 years

hahaha, my family and friends all grow 30-99 plants and are allowed 3-5 pounds, don't mess with texas is right, ever, sorry backwards state

nobody denies freedoms like the south, nobody

AMERICA'S WAR ON DRUGS IS A WAR ON AMERICANS!!!33

queenie

Dean and Sabio- are you misinformed or simply provoking responses to occupy your time? FYI it is not uncommon for those that smoke marijuana to have the items described and reported. As mentioned by several others comments, had these identical items been found in Co. Or Washington there would be no cause of action-period. Jail informants lie to try to lessen their charges and sentences. If the homeowner is a known supplier then perhaps the LEO should have arranged some "buys" or done their own Due Diligence to verify the purported "drug dealing". If the homeowner is a supplier...how much cash was recovered and who and where are his customers? Why not have audio and video of these illegal actions that the homeowner was accused of doing? All of the information continues to change...and none of us were present so none of us know the truth. So any person that can determine innocence or guilt based on these comments posted must be ignorant or have a crystal ball. I think it is tragic that an accident occurred and the result was the loss of life. To sacrifice a life for marijuana plants is not justified under any circumstances. The flash bangs were possessed and used only by the LEO. Criminal records are public information and the homeowner has NEVER been CONVICTED of a felony. Therefore the homeowner can legally own, possess, and shoot a thousand guns if he so chooses.

Nunya Bidness

Gee, apparently you know more than McGee's attorney does. Here's what the Eagle quoted him as saying in the original story, "DeGuerin said, adding that Magee -- who has a felony and misdemeanor drug conviction -- "

No excuse. He has been properly charged, will be properly tried, then he will be properly executed.

pbain

Officer Bowers is the idiot that pushed for the no-knock warrant. He and the Judge that signed the warrant are the only two people responsible for the death. Anybody with an ounce of logical reasoning in them knows that (assuming the informant was telling the truth), you cannot destroy 12 plants that are six feet tall while the police are safely informing you that they will be performing a court-ordered search. The marijuana didn't get the officer killed, the man protecting his home and his unborn child did not get the officer killed, the legally owned weapons did not get the officer killed - the NO KNOCK WARRANT got the officer killed and NOTHING ELSE

Innocent

Dean if you are so worried about the drugs then maybe you can explain why they haven't charged Henry Magee for them yet? I have mason jars in my home i generally use them as glasses but I suppose that means I must have drugs in them. I also have brown bags i put my lunch in for work everyday but that must mean I am a drug dealer. I even believe I have some sort of scale in my home I use to weigh my mail and boxes for eBay but that must mean I have it to weigh my drugs. The police messed up this time and I'm waiting for them to apologize to the public and Magees family as well as drop the charges on Henry. This is a cover up for the police and they are dragging a innocent man threw the mud.

Dean

Worried. No. Simply pointing out biased journalism, a point brought up by someone else.

Innocent

Just a friendly reminder they took the word of a man who was arrested and had 3 burglary felony chargers along with who knows what. From what I have read and understand they have yet to even charge Magee of any drug charges or any other charge but this bogus capital murder charge. If they were looking for drugs and stolen weapons why haven't they charged him with that yet? It is truly sad we can no longer call upon the police to follow the law or to protect the people. This is why we live in a "right to shoot state" if you don't like it then get out of Texas my friend.

Amber Eldridge

I would love to meet this Dean.. He seems to know so much about everyone and everything..

Dean

That's interesting. I, however, prefer to surround myself with respectful, law-abiding and otherwise intelligent individuals.

Amber Eldridge

The eagle is the only media reporting an unbiased story, any one can see that!

Dean

If Salazar (The Eagle) is so unbiased, why not include the following in the report 'three mason jars, a brown bag, and a Ziploc baggie--all filled with marijuana, and scales and pipe paraphernalia." Maybe because this clearly refutes the "enough for personal use" line we read in earlier reports.

Innocent

Dean, go read everything again. Mr. Magee did not have the bomb the police did. He had no stolen weapons and legally owned them despite his past I have herd nothing but good about this man. I don't use drugs of any kind I don't even drink but what gives the police the right to invade a home with no announcement over a little bit of marijuana not even a felony amount. If Magee should be charged with anything then charge him for the drugs not for protecting his home, pregnant girlfriend and his unborn child. If anyone says they would not grab there legally owned gun and shoot at an intruder who never announced who they were and entered your home before sunlight you are a fool.

Dean

Bomb? What are you talking about?

Nunya Bidness

Nothing but good about this man? I guess you hang with his customers then.....

Sharon Moylan

Marijuana is illegal, Charge him for it, If any of the guns were illegal, charge him for it, If the "flash bang" is illegal, charge him for it.
But those officers busted into his home, no knock, no announcement, just busted through his door when it was still dark outside in the early morning hours, sound asleep, with a pregnant girlfriend next to him, I would have gotten up shooting too.
He should not be charged for shooting that officer. I am sorry that officer lost his life and my heart goes out to his co-workers, family and friends, but that man was defending his home, his girlfriend and his unborn baby.

A. Nerd

100% correct! I, too, would have done the same thing.

Dean

...and obviously a substantial business income.

Nunya Bidness

You would have gotten up shooting if you heard people screaming "Police" "Police" as they entered your house? It's not like they entered like burglers. They entered like police.

Then you'd be facing the same charges McGee is. Rightfully so.

because

Does Henry Magee's attorney have good friends within The Eagle, or did he promise to place huge amounts of advertisements?

The reporting by The Eagle is almost suggesting that….

It is also noticeable that usually The Eagle publishes the photos of people accused of much lesser crimes. Strange….

Dean

Yessir!

Amber Eldridge

And no one was a felon! Every gun found was registered and legally owned!! Check facts before running your mouths!

communitymonitor

Good work Andrea keep us posted**

Dean

Was it the reporter or Degurrin that forgot to mention: three mason jars, a brown bag, and a Ziploc baggie--all filled with marijuana, and scales and pipe paraphernalia.

(I certainly question this amount constituting "only a misdemeanor."

From kagstv
New details have come to KAGS HD News as to why police investigated the home of Henry Magee, the man accused of killing Deputy Adam Sowders.

According to the Affidavit for the search warrant that allowed police to enter Henry Magee's home, Burleson County Sheriff's Office interviewed a man named Joshua Hall, who tipped off police to possible guns and drugs that Magee had in his house.

It is unclear what Hall's relationship is to Magee, but Hall said that he had seen Magee growing more than 12 marijuana plants in his house that were more than six feet tall. He told police that Magee supplied people in the Snook area with marijuana, and that he had seen those people partying at Magee's house with illegal drugs.

Hall also told police that Magee had two rifles and a handgun that he believes was stolen because it had "Washington County Sheriff's Office" etched into the top of the slide.

With all of this information, the Sheriff's Office asked for a warrant that would allow them to enter Magee's home without announcing their presence. They believed this type of entry would prevent Magee from potentially destroying or hiding any of the alleged drugs or guns.

According to the probable cause capital murder statement, as officers tried to enter the house, Magee picked up an AR 10 semi-automatic rifle from his bedroom and fired at officers, killing deputy Sowders.

After searching the house, officers found ten marijuana plants, three mason jars, a brown bag, and a Ziploc baggie--all filled with marijuana, and scales and pipe paraphernalia.

Nunya Bidness

It doesn't matter if the weapons were stolen or not, HE WAS NOT LEGALLY ALLOWED TO HAVE THEM!!! As a felon, he couldn't legally possess those guns. It doesn't matter who owned them, he couldn't possess them!

He also had a "flash bang". That's a grenade folks........

Lastly, he was growing marijuana and not just for his personal use. Each plant can produce at least 1lb. of marijuana. 10 lbs is a LOT of marijuana. Shame on you druggies for blaming the police officer on this. McGee is a habitual criminal, not just some casual drug user who was protecting his home. He was protecting his ILLEGAL activity.

Can't wait to be on that jury pool.

because

Sabio, that's one of the few occasions that a "disgruntled faculty member" like me has to agree with you, how weird….[wink]

Nunya Bidness

Even a blind hog finds an acorn once in a while... ;)

anneis

But wait, but wait . . . could it be that the 6' tall plants had been moved, harvested and cuttings made for the next crop? MJ is illegal, and like alcohol has many defenders but no defense. A person died at the hands of a criminal who should get the ultimate rehabilitation = needle since he likes drugs. An old saying to A&M haters, girly men, cry babies and any other whack-jobs . . . Hwy. 6 runs both ways and yes one can get to Colopoto that way.

techag

A person died because he was overzealous and too stupid to realize what is worth raiding a home for. The criminal may have been doing illegal things but this raid was a very stupid move.

Innocent

A man defending his home is in jail and has been taken away from his loved ones because some sheriffs went off of what one man said? Marijuana is illegal but not a good enough reason for a no knock no announce warrant before dawn if you ask me. Unfortunately the officer lost his life but he was responsible for taking a criminals word with no other investigating. The judge and the informant should also be held responsible for this. In my opinion this whole thing sounds like Burlson county messed up and Henry is the victim. Prayers with Henry and his family and also the sowders family.

A. Nerd

Completely agree.

breaker19

It sure seems like the "informant" that law enforcement relied upon had ulterior motives. Obviously it was a tragedy that the deputy was killed, but the sheriff and the person who authorized the warrant need to answer why they were apparently so overzealous. Unfortunately, their poor judgement is what got the deputy killed. If no stolen weapons are found, the informant and sheriff should also be brought up on murder charges.

Dean

Regardless of your opinion of the law, marijuana is illegal in Texas. Here's a thought, there's an open road to Colorado.

A. Nerd

We also have the legal right to defend our homes. So charge the man with posession of marijuana and then reimburse him for the cost of the bullet, the cost to clean up the blood of the dead cop, and the mental anguish caused by the officers.

George Hayduke

Dozen of lives ruined because of stupid Marijuana laws....

SDW

Not real sure that's how to look at this tragedy. But it is your opinion.

A. Nerd

Citizen brings up a good point. If more people are killed enforcing the law than by the action the law is trying to prevent, is that law in our best interest? I'd agree that this particular death was caused by the law and not the drug.

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