A man accused in last week's shooting death of a Burleson County sheriff's deputy mistook the officer coming through his front door as an intruder, according to his lawyer.
Henry Goedrich Magee, 28, was charged with capital murder after authorities said he shot Sgt. Adam Sowders as he led an eight-man team into Magee's trailer near Somerville just before 6 a.m. Thursday.
Houston attorney Dick DeGuerin said Magee and his girlfriend, who is five months pregnant with Magee's baby, were asleep in the living room of the trailer home when they were awakened by "explosives" going off near the front windows and loud pounding on the front door.
The request was made based on information that Magee had weapons inside that, according to an investigator's source, he was not afraid to use, according to the affidavit, which stated he had an aggressive dog, as well.
Magee -- who has a felony and misdemeanor drug conviction -- believed the man rushing in was an intruder and he needed to defend himself.
reply to post by GoodOlDave
The thing is though is that he is a felon in possession of firearms which will bury him. Other than that I think the police are in the wrong. Then again if the felony this man has is not a violent one that I do not think it should count as far as not being able to possess a firearm.
So they made legal entry.
A couple of observations...first, the police ADMITTED in the warrant details that they were authorized to smash their way in without announcing they were police officers executing a search warrant.
Not true. The story said the guy was a convicted felon who was believed to have stolen guns and drugs in the house. Convicted felons cannot be in possession of a firearm. I would not want to tip off an armed drug dealer/convicted felon prior to entry if I was a cop. I’d rather surprise him. In this case it didn’t work out but…
Second, their excuse that Magee was armed, which essentially means the are claiming the power to smash their way into anyone's home simply by saying "they suspect the homeowner has a gun", which is a violation of the fourth amendment however you look at it.
The judge who signed the warrant disagrees with you. LOL
Third, the warrant admitted all they found were a few marijuana plants, which although illegal, doesn't justify a no knock, no announcement entry.
The police acted in accordance with the law according to the information you provided. I find it hard to believe anybody would have a hard time realizing it was the police entering the home. It will be interesting to see how this plays out in court. I’m sure he’ll end up getting 20-life.
In my mind the guilty party isn't Magee, but Sowders himself, as he was so gung ho and chomping at the bit to rush in that he completely forgot that other people have legitimate rights as well.
How is this a 4th amendment violation if they had a warrant?
Regardless of how this court case plays out, it can't NOT have an effect on the rest of us because it will declare what powers the police have in violating the fourth amendment. Your thoughs?
reply to post by GoodOlDave
Two words..... Kevlar vest
Or did they think there were no guns in the residence .
people dieing for a few pot plants, what a sad story