TX man no-billed for shooting cop in no knock raid

[Balog]

http://www.kbtx.com/home/headlines/Man-Charged-With-Killing-Burleson-County-Deputy-No-Billed-by-Grand-Jury-243993261.html

Drug dealer gets no knocked, shoots cop, grand jury refuses to charge.

[AZRedhawk44]

In the process of executing that search warrant, Sowders was shot and killed. The Burleson County Sheriff's Office says the search warrant was issued after an informant claimed Magee had stolen guns and illegal drugs inside his mobile home. The informant had been arrested days earlier, but said he had been in Magee's home as recently as the day of his arrest and saw the drugs.

Stolen guns and illegal drugs.  Stolen = shytbag, IMO.  Drugs, not so worried about. 

It sucks that it is (what appears to be) an extreme lowlife in this case, rather than a wrong address no-knock with a dead cop.

Can a Grand Jury have its decision appealed, or Feds get involved and press charges, or some other way to have Government throw infinite resources at this and bully its way to victory?  I don't want a reversal of this Grand Jury precedent.  I like the idea of cops having to think that Grand Juries may find no-knocks reprehensible invasions of domestic security, and they can be posthumously defamed for committing one and dying in the process.

[AZRedhawk44]

Ooh, interesting!

The court documents say quote, "By Magee's own admission he heard and observed the entry made by the SWAT team."

Deputy Adam Sowders was shot and killed.

He at some point ADMITTED that he knew he was shooting at cops.

Magee's attorney, Dick DeGuerin, has said Magee fired shots in an effort to defend himself, his pregnant girlfriend and his property from unknown intruders.

Texas Rangers were called in to collect evidence. Inside Magee's home, they say they found a sophisticated marijuana grow operation and several firearms.

DeGuerin has said all weapons found were legally owned.

Well, no stolen guns.  He's not a shytbag.  Just a pothead.

[Firethorn]

You know, reading that article I noticed that nowhere did it say that Henry Magee actually shot Adam Sowders?  It says that he fired shots, but not that he shot the deputy.

I wonder if it's going to come out that it was one of the SWAT team members actually shot the deputy.  It says he was charged with shooting him, but not that he actually did so.   

[RevDisk]

The court documents say quote, "By Magee's own admission he heard and observed the entry made by the SWAT team."

Shockingly, newspaper doesn't word its news well. Did he hear and observe an entry that happened to be the SWAT team, or did he hear and observe an entry that he knew to be the SWAT team? Either can be implied from the statement. 

Stolen guns and illegal drugs.  Stolen = shytbag, IMO.  Drugs, not so worried about. 

It sucks that it is (what appears to be) an extreme lowlife in this case, rather than a wrong address no-knock with a dead cop.

Legal guns and pot.

[RevDisk]

Not to sound cold hearted or whatnot, but if you randomly kick in a door, you SHOULD expect to be taken under fire by the inhabitants. It's generally a better idea to plug the sewer line and knock on the door.

[AZRedhawk44]

Not to sound cold hearted or whatnot, but if you randomly kick in a door, you SHOULD expect to be taken under fire by the inhabitants. It's generally a better idea to plug the sewer line and knock on the door.

You're not going to flush a sophisticated grow operation down the toilet.

[cassandra and sara's daddy]

as it stands seems legitimate result from the grand jury system
it also highlights the risks of lets make a deal law enforcement

hows that work in texas? not familiar with the grand jury system .  can they seek to recharge?

[Tallpine]

there is not enough evidence that Mr. Magee knew that day that Peace Officers were entering his home. The events occurred in a matter of seconds amongst chaos.

Isn't that the stated intent of all SWAT raids 

[brimic]

Sounds like the system worked this time.

[cassandra and sara's daddy]

gotta suck that the shooter and the cop he shot families were friends

[Nick1911]

Not to sound cold hearted or whatnot, but if you randomly kick in a door, you SHOULD expect to be taken under fire by the inhabitants. It's generally a better idea to plug the sewer line and knock on the door.

One of the things I like about stand your ground laws.  They affirm that, yes, in fact your home is your building, and you're allowed exert control over that space by any means up to and including active combat.

[roo_ster]

I smell a friendly fire accident at the bottom of this that was getting pinned on the pot head.  I also smell an informant who did not impress the grand jury.  Given the GJ no-bill, I bet I am not alone.

This is a good reason to outlaw no-knocks and perfunctory knock raids.

Deputy Adam Sowders filed for a search warrant, and requested to enter Magee's home without knocking or announcing law enforcement's presence. He gave multiple reasons based on what the informant had told investigators, including the fact that Magee had been overheard saying he wasn't afraid to use his weapons, he may have an aggressive dog, and that Magee could potentially destroy the drugs.

If the informant told you 12-15 plants, how would he manage to destroy the evidence?  Could it be that this is a magic formula used to get a judge's signature and justify breaking out the SWAT toys?

This was all so unnecessary.  Zero chance of losing the evidence and a very good chance of dude giving up at the doorway to a real knock & service or warrant. 

[MechAg94]

He is also not going to flush "illegal" guns down a toilet either.

[cassandra and sara's daddy]

He is also not going to flush "illegal" guns down a toilet either.

re the pot grow?  he doesn't have to flush equipment  just stash

[cassandra and sara's daddy]

I smell a friendly fire accident at the bottom of this that was getting pinned on the pot head.  I also smell an informant who did not impress the grand jury.  Given the GJ no-bill, I bet I am not alone.

This is a good reason to outlaw no-knocks and perfunctory knock raids.

If the informant told you 12-15 plants, how would he manage to destroy the evidence?  Could it be that this is a magic formula used to get a judge's signature and justify breaking out the SWAT toys?

This was all so unnecessary.  Zero chance of losing the evidence and a very good chance of dude giving up at the doorway to a real knock & service or warrant. 

i doubt the friendly fire   shooter acknowledges firing at cops and so far haven't heard of return fire\
i can get rid of 12 plants in 60 seconds  not a guess
it is a lil noisy though

[SADShooter]

Does a MJ grow operation in a mobile home justify application of a no-knock warrant and a SWAT team?

[Ron]

Any grow operation that can be destroyed in a minute hardly warrants excessive use of force.

It would probably take me longer than 60 seconds to destroy and flush my lone aloe plant let alone a grow operation worth a swat raid.

[cassandra and sara's daddy]

Any grow operation that can be destroyed in a minute hardly warrants excessive use of force.

It would probably take me longer than 60 seconds to destroy and flush my lone aloe plant let alone a grow operation worth a swat raid.

rookie
restaurant garbage disposal  if they are in small pots i can grind them too .  5 gall buckets not so much  noisy but efficient.

[Ron]

rookie
restaurant garbage disposal  if they are in small pots i can grind them too .  5 gall buckets not so much  noisy but efficient.

That possibility justifies the use of excessive force, a suspension of expected constitutional protections and is definitely worth the life of the police officer then 

[RoadKingLarry]

Don't matter what the GJ did or even it he never gets charged with any crime for that incident. I'll be surprised if he lives another year.

[cassandra and sara's daddy]

That possibility justifies the use of excessive force, a suspension of expected constitutional protections and is definitely worth the life of the police officer then 

What excessive force was used? And it was a warranted search?

Sent from my SAMSUNG-SGH-I537 using Tapatalk

[Ron]

What excessive force was used? And it was a warranted search?

Sent from my SAMSUNG-SGH-I537 using Tapatalk

Legal and flawless.

Nothing excessive about a half dozen or more men busting down the door of a presumed innocent man in the middle of the night, all geared up like they were on a military raid.

[T.O.M.]

Two things...

First, I believe that the prosecutor could present the case again, even to a different grand jury.  No double jeopardy or anything along those lines to stop it.  Most times, a case that gets no billed is seen as anwaste of time.  Somehow, with a dead officer, I don't think it will be seen as a waste of time.  Frankly, an indictment wouldn't shock me in the least.  Not that hard to get an indictment when the prosecutor controls exactly what the grand jury sees and hears.

Second, I find it interesting that so often I read posts that lambast LEOs for being "geared up oike they were on a kilitary raid."  It's a job where you are going into an unknown situation where the people on the other side of the door will very likely be hostile to your presence.  They may well be armed, which it appears was known in this case.  Regardless of whether it is knock or no-knock, wouldn't you wear that gear if you were knowingly going into that type of situation?   I know many regulars here have the plan, and the gear, to suit up in a similar way in a SHTF situation because of the possibility of engaging hostiles(got no problem with that).  I wore body armor back when I just tagged along on warrants and waited outside.  I carried my Glock with extra mags, and once or twice kept a shotgun real close.  It wasn't a cool factor.  It was being prepared.

All that said, I don't like no knock warrants either, even less the longer I sit at the bench.

[Ron]

Second, I find it interesting that so often I read posts that lambast LEOs for being "geared up oike they were on a kilitary raid."  It's a job where you are going into an unknown situation where the people on the other side of the door will very likely be hostile to your presence.

I don't question using the right tools for the job.

I question the underlying presupposition that the no knock raid is the best tactic to catch the bad guy and the goods, esp in all these cases that go sideways.