TX Grand Jury no-bills man who killed Deputy

[Chucktshoes]

http://www.startribune.com/nation/244006841.html

 

 

 

DALLAS — A Central Texas man who shot and killed a sheriff's deputy entering his home will not be charged with capital murder, attorneys said Thursday.

A local grand jury declined Wednesday to indict Henry Goedrich Magee for the Dec. 19 death of Burleson County Sgt. Adam Sowders, who was part of a group of investigators executing a search warrant for Magee's rural home.

Sowders and other officers entered the home about 90 miles northwest of Houston without knocking just before 6 a.m. Authorities were looking for guns and marijuana.

Magee's attorney, Dick DeGuerin, said his client thought he was being burglarized, reached for a gun and opened fire.

DeGuerin has acknowledged his client had a small number of marijuana plants and seedlings, as well as guns he owned legally. The grand jury did indict Magee for possession of marijuana while in possession of a deadly weapon, a third-degree felony.

"This was a terrible tragedy that a deputy sheriff was killed, but Hank Magee believed that he and his pregnant girlfriend were being robbed," DeGuerin said in an interview Thursday.

"He did what a lot of people would have done," DeGuerin added. "He defended himself and his girlfriend and his home."

The longtime defense attorney said he could not immediately remember another example of a Texas grand jury declining to indict a defendant in the death of a law enforcement officer.

Julie Renken, the district attorney for Burleson County, said in a statement Thursday she thought the sheriff's office acted correctly during events that "occurred in a matter of seconds amongst chaos."

"I believe the evidence also shows that an announcement was made," Renken said. "However, there is not enough evidence that Mr. Magee knew that day that Peace Officers were entering his home."

Magee is still in custody in neighboring Washington County, but should be soon released on bond since he only faces a marijuana possession charge, DeGuerin said.

Renken said her office would "fully prosecute" that case.

The 31-year-old Sowders was a native of Somerville who had recently been promoted to a sergeant-investigator position.

 

 

 

[Major Kong]

I hate it for both of them but I'm glad for the precedent. Too much militant police intervention for minor crimes and no-knock warrants.

[Erik88]

These no knock warrants are out of control. We recently had a woman in Orlando get robbed when men knocked on her door and produced a badge. She let them in and was assaulted and robbed.

 

I'm not a criminal so if someone kicks down by door without reason they may expect to be met with force. I'm sure it wouldn't end well for me either but what are we supposed to do this day and age? 

[TripleDigitRide]

Over a few pot plants? I can think of countless better reasons to die.

I agree with the following.

 

"This didn't have to happen," DeGuerin said. "There was no real justification for handling the search warrant in the way it was handled. It could have been easily done by knocking on the front door during broad daylight. The alternative would've been to wait till Hank drove to the store or to work. No reason to go in like an invading army and bust down the door."

 

[56FordGuy]

Break into a house. Get shot. 

 

The system worked.  :usa:

[TMF]

Geez, I feel for everyone involved. Seems the upper echelons of law enforcement agencies would shy away from these no-knock deals. If anything, for the safety of their personnel.


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[TripleDigitRide]

Geez, I feel for everyone involved. Seems the upper echelons of law enforcement agencies would shy away from these no-knock deals. If anything, for the safety of their personnel.


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Shy away? Law enforcement agencies hire ex-military personnel just so they can pull off these kinds of stunts. 

[TMF]

Shy away? Law enforcement agencies hire ex-military personnel just so they can pull off these kinds of stunts.

Well I'm not saying there isn't a purpose for a SWAT organization within PDs, I'm just saying that they should use the no-knock option for dire circumstances only. Executing a warrant for pot and legally owned firearms isn't dire. That describes half the houses in my hometown.

There are times for kicking in doors. The tragic cases we hear of aren't those times.


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[Chucktshoes]

I have no sympathy for the dead officer. According to other reports I have read, he is the one who sought the warrant and raid. I consider this a case of suicide. When you initiate violence, you have to accept responsibility for the outcome.

 

There are times for kicking in doors and all of them involve an imminent threat to innocent life. If that does not exist, you do not make a dynamic entry. "No knock" warrants are an illegitimate initiation of force by government that creates a danger to life where none existed before agents in uber-tactical-ninja-gear kicked in the door. The possibility that the target of the warrant may destroy evidence is not sufficient reason to endanger the lives of the public or the officers.

Edited February 8, 2014 by Chucktshoes

[bersaguy]

I think it should all be considered before a warrant is issued by any judge just what it is for and what the threats are. Then he/she should make the decision of how, where and when the warrant is served and should not be left up to the discretion of the law enforcement personnel. All factors need to be in play before the warrant is issued.......................jmho

[sigmtnman]

Whoever approved the no knock raid and also the warrant should be held accountable.

[Chucktshoes]

[quote name="sigmtnman" post="1107959" timestamp="1391880414"]Whoever approved the no knock raid and also the warrant should be held accountable.[/quote] Agreed. I would say it qualifies under the same doctrine that considers all members of a criminal conspiracy guilty of a murder if one of the members kills someone during the commission of a crime.

[Guest TresOsos]

I believe Indiana is trying to a law(s) passed thas protect the home owners in a situation like this.

About time and the Police should be held accountable if they preform one of these no knocks and

they kill an innocent party that was trying to defend themselves, example would be entering the wrong address.

Cops need to go to jail for stuff like that, not get a pass.

[TMF]

Agreed. I would say it qualifies under the same doctrine that considers all members of a criminal conspiracy guilty of a murder if one of the members kills someone during the commission of a crime.

Do warrants generally come with stipulations on how they can be executed or is it at the discretion of the one executing the warrant? I think there in lies the problem. I'm sure the vast majority of no-knock warrants are conducted for reason, just as I'm sure there are no-knock warrants conducted for the purpose of feeling like an action guy. If it makes sense, for the safety of officers and citizens, to have that specified I'm on board. Until then I'd rather blame the system for being broken, that it allows for such things to happen. So we must first address the system, not individual officers and judges.


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[DaveTN]

As I have said many times you lay this right at the feet of the people that have control over how these entries will be execute; the Chiefs and the Sheriffs.

Kicking doors and wearing masks for the take down of drug offenders is ridiculous. I doubt the Sherriff will be able to look this Deputy’s wife and kids in the eyes. I would hope seeing the deputy’s body will make him think.

This isn’t rocket science any cop with more than 5 years on the job and has an IQ higher than his age could figure out how to take the offenders into custody, recover the evidence, and neutralize any violent offenders without giving the murderers an opportunity to claim they were acting in self-defense.

I do have sympathy for the Officer and his family. It’s a shame the drug dealer was left alive; but maybe he will still stand trial.

[Chucktshoes]

Do warrants generally come with stipulations on how they can be executed or is it at the discretion of the one executing the warrant? I think there in lies the problem. I'm sure the vast majority of no-knock warrants are conducted for reason, just as I'm sure there are no-knock warrants conducted for the purpose of feeling like an action guy. If it makes sense, for the safety of officers and citizens, to have that specified I'm on board. Until then I'd rather blame the system for being broken, that it allows for such things to happen. So we must first address the system, not individual officers and judges.


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It is my understanding that No-Knocks must be stipulated as such in the warrant. It is my impression from the reading I have done on the subject that the primary reason for a No-Knock is to prevent the destruction of evidence. That is not a sufficient reason to introduce the high levels of violence and danger that are part of a dynamic entry. I hold firm to my position that the ONLY justifiable reason for a dynamic entry are when there is an imminent threat to innocent life. Any other reason is just an excuse to play action guy or justify the existence of the SWAT team. 

[RobertNashville]

I think this was a more than correct decision by the DA.

Anybody who breaks down my front door and invades my home is probably going to be facing some significant fire coming their way. I may well wind up dead but I'm not going to just assume the people invading my home are supposed to be the "good guys". Further, if they're breaking down my front door and invading my home I'm not sure I can consider them to be "good guys" no matter what badge they might have on underneath their bulletproof vests.

 

Let us not forget the 61 year old man shot to death in Lebanon during a raid on the WRONG HOUSE! http://www.datehookup.com/Thread-212688.htm

 

Perhaps the Judge says it best...

 

http://www.youtube.com/watch?v=24Yl904di34

Edited February 8, 2014 by RobertNashville

[Chucktshoes]

[quote name="RobertNashville" post="1108059" timestamp="1391892093"]I think this was a more than correct decision by the DA. Anybody who breaks down my front door and invades my home is probably going to be facing some significant fire coming their way. I may well wind up dead but I'm not going to just assume the people invading my home are supposed to be the "good guys". Further, if they're breaking down my front door and invading my home I'm not sure I can consider them to be "good guys" no matter what badge they might have on underneath their bulletproof vests. Let us not forget the 61 year old man shot to death in Lebanon during a raid on the WRONG HOUSE! [url="http://www.datehookup.com/Thread-212688.htm"]http://www.datehookup.com/Thread-212688.htm[/url] Perhaps the Judge says it best... http://www.youtube.com/watch?v=24Yl904di34[/quote] Just as a point of correction, the DA charged him with Capital Murder. The Grand Jury returned a No Bill. This wasn't a correct decision by the DA, it was essentially a case if jury nullification and the people saying "no more!" Otherwise, I agree with the rest of your post. Edited February 8, 2014 by Chucktshoes

[Guest Lester Weevils]

Was this actually a no-knock? In the article the defense atty agreed that the entry was probably "announced", but also alleged that it wasn't clear enough so the resident couldn't know it wasn't a home invasion.

Maybe like a lot of the other cases that hit the news, the announcement was "Police!" then immediately BLAM down goes the door. If a resident happens to be close enough to the door on these entries, and would try to open the door when hearing "Police!", the resident risks serious injury when police kick the door down on him?

Announced sounds about the same as unannounced if the door goes down near simultaneous with the announcement?

[DaveTN]

Just as a point of correction, the DA charged him with Capital Murder. The Grand Jury returned a No Bill. This wasn't a correct decision by the DA, it was essentially a case if jury nullification and the people saying "no more!" Otherwise, I agree with the rest of your post.

I doubt it was a case of jury nullification or “the people” saying anything. In a Grand Jury hearing only one side gets to tell the story; the DA. When you see a failure to indict and only the DA gets to present; it’s usually because the DA doesn’t want to try the case, but doesn’t want to dismiss it either. A murdered Police Officer will put that kind of pressure on a DA that can’t stand his ground on his own.

Grand Juries are one sided “he said she said” circuses usually used for political reasons or as a tool for investigations into on-going cases. They hold little real fact finding credibility; that’s why many states don’t require them or don’t require the DA follow their recommendations.

[DaveTN]

Was this actually a no-knock? In the article the defense atty agreed that the entry was probably "announced", but also alleged that it wasn't clear enough so the resident couldn't know it wasn't a home invasion.

Maybe like a lot of the other cases that hit the news, the announcement was "Police!" then immediately BLAM down goes the door. If a resident happens to be close enough to the door on these entries, and would try to open the door when hearing "Police!", the resident risks serious injury when police kick the door down on him?

Announced sounds about the same as unannounced if the door goes down near simultaneous with the announcement?

It shouldn’t even be an issue. The only time cops should be forcing entry into a house is in an armed standoff or a hostage situation.

As we saw in Lebanon there is always a possibility they have the wrong house. I couldn’t care less if a drug dealer dies in the exchange, but when innocent citizens or a Police Officer gets killed; there is no justification for it. Officers need to start saying no. And Chiefs or Sheriffs that think these tactics are okay; need to be replaced.

SWAT teams serve a purpose, but they are the last choice not the first, and they certainly shouldn’t be used to get a doper that any Patrol Officer could cuff and stuff at any time if he is given the nod.

[RobertNashville]

Was this actually a no-knock? In the article the defense atty agreed that the entry was probably "announced", but also alleged that it wasn't clear enough so the resident couldn't know it wasn't a home invasion.

Maybe like a lot of the other cases that hit the news, the announcement was "Police!" then immediately BLAM down goes the door. If a resident happens to be close enough to the door on these entries, and would try to open the door when hearing "Police!", the resident risks serious injury when police kick the door down on him?

Announced sounds about the same as unannounced if the door goes down near simultaneous with the announcement?

The only warrants I've seen being served are on TV (reality shows)...I've no idea how "real" they are but since they are being filmed I assume they are accurate for that particular warrant. Anyway, of the ones I've seen there is usually about a half-second between "POLICE" being yelled and the door being ripped off its hinges by the battering ram they use meaning virtually no time for someone inside to mentally process what is happening (which I'm sure is the intent).  My impression of a true "no knock" warrant is they the break down the door first leaving even less time for anyone inside to react.