A Texas man who killed a law enforcement officer during a search of his home will not be charged with murder, a grand jury decided.

Henry Goedrich Magee avoided indictment for fatally shooting a Burleson County sheriff’s deputy, Sergeant Adam Sowders, while officers searched Magee’s residence for firearms and marijuana.

The December raid began in the early morning hours without warning, which startled Magee. Thinking someone was breaking into his home, Magee grabbed one of his guns and opened fire, according to his lawyer.

“This was a terrible tragedy that a deputy sheriff was killed, but Hank Magee believed that he and his pregnant girlfriend were being robbed,” Dick DeGuerin, defense counsel for Magee, told the Associated Press.

Magee was indicted for possessing marijuana while in possession of a deadly weapon, a third-degree felony. Magee owned his guns legally.

Prosecutor Julie Renken said in a statement that the sheriff’s office followed procedure while entering the home, but did admit that events “occurred in a matter of seconds amongst chaos.”

She also insisted that, although the deputies didn’t knock before entering, they did announce who they were after going inside Magee’s residence. But apparently the grand jury concluded there was insufficient evidence to show Magee knew that the intruders were law enforcement officers.

-Noel Brinkerhoff

To Learn More:

No Murder Charge for Man Who Shot Texas Deputy (by Nomaan Merchant, Associated Press)

Texas Man Will NOT Be Charged for Fatal Shooting of Sheriff's Deputy Who Entered Home with Search Warrant (by James Nye, Daily Mail)

Fort Worth Police Invade Wrong House. Kill 72-Year-Old Homeowner (by Noel Brinkerhoff, AllGov)

Indiana First State to Allow Citizens to Shoot Law Enforcement Officers (by Noel Brinkerhoff, AllGov)