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

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(6) comments

Robert Kriegar

and you need to fix your censor program. c r a p is not a profanity. Sheesh.

Robert Kriegar

Phht!! It wasn't an accident, and it wasn't a crime either.

It's Texas, for gods' sake, and a man was woke in the middle of the night by armed intruders invading his home. Hello! No one could see how that might end up?

So soon the cops have forgotten the repo guy shot dead in the middle of the night. It is just POT for gods' sake! It isn't dangerous, and it isn't lethal. The blasted cops are more lethal than pot-and I am not even a supporter of the cr ap.

Robert Jacobs

I guess you law enforcement types need to start figuring out you ain't the judge and jury ...

MissJ

Yay! Thank you's to the grand jury! There was no reason for the cops to bust in...why couldn't they stake out the place, wait until the guy left the house, then go in with no danger to anyone--they could have taken the illegal possessions away then issued a warrant for his arrest. Everybody lives!

Karl Hungus

There are consequences to kicking in the door of a rural Texas home in the dead of night. Mr. Sowders experienced some of them.

I really am sorry he was killed, but when you deliberately seek out an opportunity to terrorize people in their own homes, sometimes it comes back to bite you.

The grand jury did the right thing.

lordylordy

I feel bad for the deputy's family, he was trying to keep the streets clean and safe and was killed in the line of duty. how i did wish things would have turned out differently i pray for him and his family. Now the law needs to step up and do what is right !

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