Grand Jury Somehow Fails To Indict Man Who Shot Deputy During No-Knock, Pre-Dawn Raid For Capital Mu

[LiberalArkie]

http://www.techdirt.com/articles/20140210/14555926171/grand-jury-somehow-fails-to-indict-man-who-shot-deputy-during-no-knock-pre-dawn-raid-capital-murder.shtml


On December 19, eight members of Texas’s Burleson County Sheriff’s Department banged open the door of the double-wide trailer rented by 28-year-old Henry Magee and his girlfriend. It was between five and six AM and the deputies, who were there to search for marijuana and stolen weapons, set off at least two flashbang grenades in an attempt to surprise and disorient Magee, their suspect. The leader of the team, Sergeant Adam Sowders, a seven-year veteran of the department, had requested the warrant be “no-knock,” meaning the police could enter the residence without announcing themselves. But it was possibly do to the confusion caused by the sudden entrance of the cops that led to Magee opening fire with a semi-automatic weapon and hitting Sowders. The cop later died, and Magee has been charged with capital murder, which can bring the death penalty in Texas.
A squad of officers smash through a person's door (possibly unannounced) pre-dawn and are greeted by gunfire. The surprising thing is that this doesn't happen more often, especially in a state like Texas, where a man's home is often his well-armed castle. But the prosecutor didn't see the deputy's fault in this incident and pursued capital murder charges. Keep in mind, part of what was being sought in the raid was an ultra-dangerous drug that is currently legal in two states. Also keep in mind that the guns they found weren't stolen, but because of the marijuana Magee possessed, the previously legal weapons were now illegal.

In a surprising decision, a Texas grand jury has decided not to indict Henry Magee on capital murder charges.

<snip>


During a single four-hour workday last week, a Mecklenburg County grand jury heard 276 cases and handed down 276 indictments.

That means the 18 jurors heard evidence, asked questions, weighed whether the charges merit a trial, then voted on the indictments – all at the average rate of one case every 52 seconds.
276 indictments, all in under a half-day. Not a single one of the 276 accused were found not guilty. This is the grand jury system running on all cylinders.

<snip>

[daleanime]

1. Kick....

[cloudbase]

2. There's a lesson in there about having good counsel working for you. n/t

[HereSince1628]

4. Are you sure there was defense counsel. I wasn't and in looking found this...

Texas grand juries depend mostly on evidence presented by the prosecutors. The accused do not have a right to present evidence, although a grand jury often allows a defendant to testify. Defense attorneys are not allowed to attend grand jury proceedings or present evidence without the permission of the prosecutor, which seldom happens.

Read more: http://www.ehow.com/info_8389391_texas-grand-jury-rules.html#ixzz2tEFOOpWp

[cloudbase]

6. This showed up in the Houston Chronicle a few days ago.

It mentioned that he had one of the local big-name lawyers working for him. As for the nuts-and-bolts of what went on, I can't say.

[HereSince1628]

7. Thanks, I'm not aware of what's in papers there...

I just didn't think defense counsel gets to do much in a grand jury.

[Dawson Leery]

3. Cops are above the law.

This grand jury saw otherwise.


The Burleson county sheriff's department conducted an illegal home invasion based upon false evidence from a convict.

[gopiscrap]

5. and you wonder people hate fucking cops!