Man kills police officer during no knock search warrant, believing it was a home intrusion

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.

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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. Second, their excuse what 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. Third, the warrant admitted all they found were a few marijuana plants, which although illegal, doesn't justify a no knock, no announcement entry. 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.

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


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 than I do not think it should count as far as not being able to possess a firearm.
Firepiston

The cops want to play stupid games let them win stupid prizes.

Save the no-knock nonsense for imminent threat to life. Not to search for pot plants, delinquent loan holders and folks with too many parking tickets.

They keep playing GI Joe because they keep getting away with it.

Oh, look, he had a dog too! Oh noes!

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.

Now you know if you own a gun or have a pet the cops will push for no-knock entry. Keep that rifle handy.

What kinda idiot does a 'no knock' forced entry into ANYONE's home? I can only see that as appropriate if you have a highly dangerous criminal you're trying to take down and expect an instant shootout. (And next time, consider surreptitiously gassing everyone inside the trailer to put them to sleep, instead. Would have worked at Waco, y'all...). Peabrains have been watching too much Hollywood.

I'm glad the guy has a high powered defense attorney. Texas, you're insane. Some idiot cop is dead because of your idiot drug laws; way to go.

GoodOlDave
Magee -- who has a felony and misdemeanor drug conviction -- believed the man rushing in was an intruder and he needed to defend himself.

If he had a felony, he's probably not allowed to have guns.... however I'm totally against no-knock raids, because of this scenario.... especially in Texas!

A cop in a no-knock raid in Texas is just asking to be killed!!!

This guy should only be charged for having a felony with firearms!

FirePiston
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.
Firepiston

Felon + Gun = Jail time.

That he killed an intruder should be struck from the court as that man, felon or no felon, has every natural right to self defence against home invasion.

The Police needed a no knock for a damn trailer?

reply to post by signalfire


Exactly, the poor dead policeman and his grieving family are now stats in the War on Some Drugs. Texas has the mindset of young wolf - always showing off but bound to meet a larger wolf someday.

I remember a U.N. report from a year or so ago that urged all politicians to speak and vote about drug wars like they speak in private. The pols I've talked to about the subject, unless they walk away quickly, are of the mind to end the drug war but won't say it publicly. In America the courts and individual states have to say it for them.

reply to post by GoodOlDave


Two words..... Kevlar vest

Or did they think there were no guns in the residence .

reply to post by signalfire



Even in Felony Murder Warrants, police announce themselves as such. the reason being, anything that happens after that is on the table. Such as, harming the Officer, evading arrest, or whatever else they may have up their sleeve, and above all else, to remind the suspect that if he or she chooses to take drastic actions, there will be drastic consequences.

people dieing for a few pot plants, what a sad story

reply to post by GoodOlDave


Crazy story! Thanks for sharing, GoodOlDave. I have a few thoughts…

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.

So they made legal entry.

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.

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…

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 judge who signed the warrant disagrees with you. LOL

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.

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.

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?

How is this a 4th amendment violation if they had a warrant?

eNaR
reply to post by GoodOlDave

 

Two words..... Kevlar vest

Or did they think there were no guns in the residence .

According to the warrant they knew there could be guns on the premises.

Either the target of the warrant scored a headshot or the cops were wearing pistol caliber vests.

So the lesson they'll learn is the wrong one and they'll just tool up even more militant style to keep this joke of a "justice" system going.

camaro68ss
people dieing for a few pot plants, what a sad story

The amount of money wasted.

1000's of people dead.

For a flower....very sad.

reply to post by GoodOlDave


THey shoot first and ask questions later , why can't we? Especially if some trying to enter my home unwanted.

reply to post by GoodOlDave


Thanks for sharing this news.

Sounds like their policy on those No Knock raids should be over looked, and used with greater caution, and should only be used when they know 100% its going to lead into a gun fight.
You go gangbusters into a den of thieves has 1 of 2 variable out comes.

1- You catch everyone off guard, and gain the initiative over the perps, no one gets hurt, and the whole "confusion" can win the day by catching the said perps totally off guard, and get them before they can dig themselves into a spider whole, or escape. And or destroy any contra band that they are trying to get them for.

2-Goes horribly wrong, and you get the first cop going in shot, the perps get shot. This is a variable outcome, so the outcome of this one is numerous.



I can understand why they have the "no knock Raids". But this case just did not validate a no knock Raid. Seems like poor planing, and very bad judgement on the officers end.
And the poor planning got an officer killed, and a man in some HOT water over their crap police work.

reply to post by GoodOlDave


I'll be honest with you here.

I am heavily armed and trained in warfare.

This is one of my biggest fears.

I do not engage in illegal activity of any kind. I am also in the military. But what if they make a mistake? It's not unheard of that police doing no-announcement break-ins occasionally break into the wrong home. If that happened with me or my wife there would be someone getting shot dead and fairly quick. It is something I have thought about many times in recent years reading stories like this.

Because this never happens-
www.youtube.com...

I'm sorry, but anyone entering my property looking to do harm
will be met with the severest degree of force available to me
at any given time. Afterall, it's impolite not to knock first

It seems this whole police op was screwed from the get go, it sounds to me like someone wanted to play cowboys and Indians.

1. If they knew about guns and drugs, they should have known about the pregnant Girlfriend
2. If they suspected that these alleged drugs were for sale, he has to sell them somewhere either another location or trailer.
3. Police did obtain a warrent legally

I think it would have been a whole hell of a lot more intelligent if they had lives and there own health in mind to snatch the suspect when he left to either buy stuff for the pregnant girl or sell his pot or whatever and let the major threat actually leave the premises in broad daylight. Even if they didn't arrest him on spot they can and will take others into custody without presenting a charge point is the threat is out of the localized area, police have done this thousands of times before while executing warrents.

reply to post by zysin5


You can understand no knock raids? Please explain.There have been so many
incidents recently of police getting the wrong house , arrests with mistaken identity,
drug dealling and weapons trafficing in the LEO community, you are now defending
their right to break into houses unannounced. People like you trully disturb me,
I've come to realise it's less the police state that I have to fear, it's their support amongst
people I have to interact with every day that really scares me.

eNaR
reply to post by GoodOlDave

 

Two words..... Kevlar vest

Or did they think there were no guns in the residence .

Kevlar is nothing to a high powered rifle. Like a hot knife through butter.