The man accused of killing a Burleson County sheriff’s deputy was not indicted on a capital murder charge Wednesday.
A Burleson County grand jury returned a “no bill” on the charge but did indict Henry Magee on possession of marijuana, a third-degree felony punishable by two to 10 years in prison.
Deputy Adam Sowders was shot and killed while serving a “no-knock” search warrant at Magee’s home before 6 a.m. on Dec. 19.
Investigators had been looking for marijuana plants and possible stolen weapons.
Dick DeGuerin, Magee’s attorney, said investigators found two 6-inch marijuana plants, seedlings and firearms that belonged to Magee or his family members.
“It was a tragic accident, but it wasn’t a crime,” DeGuerin said, adding that his client was defending himself, his pregnant girlfriend and his home from intruders.
Magee remains at the Washington County Jail awaiting bond