No-knock police raid ends in blazing tragedy

WND ^ | 02/11/2015 | Leo Hohmann

[maddog55]

Gun owners and self-defense advocates are lauding a rare victory in which a Texas grand jury has refused to indict a homeowner for shooting and killing a police officer who entered his home unannounced in the middle of the night.

The homeowner, Henry Magee, 28, said he thought the officers who broke through his door were robbers and he acted in self-defense to protect his pregnant girlfriend and two children.

Police were acting on a tip from a criminal informant that led them to believe Magee had more than a dozen marijuana plants, all at least six feet tall, in his rural home in Burleson County. Officers included a line on the warrant that Magee also had “possible illegal guns” stolen from the local sheriff’s office. The local magistrate signed off on the warrant, with deadly consequences.

Before the sun came up on Dec. 19, nine deputies broke down the door to Magee’s mobile home and set off a flash-bang grenade. Magee confronted them, firing away as they barged through the door. One of the deputies, Adam Sowders, fell dead.

[maddog55]

Smart Grand Jury...

[ZULU]

Finally. The abuse of no knock warrants are outragrous.

[mylife]

Common sense finally rules.
This no knock BS has to stop.

[Slings and Arrows]

Ping.

[mylife]

I thought Pot was on the cool list now.

[Free in Texas]

I see an “accidental” police shooting in his future.

[mylife]

Meanwhile... on the way to the white hut...

[BCW]

IF there are 6 FOOT TALL plants...a knock and and kick in with lights and sirens to announce your ARE THE POLICE would be ok in this instance....one cannot flush 6 foot plants down the toilet or destroy them easily...I agree with the jury...this SWAT team mentality that officers take because they can’t actually get on a real SWAT team and therefore get to play it has to stop...

There are rules that officers need to appreciate - having been on the side of the badge - I know this. Although life is precious - it also could have ended badly for those children who didn’t ask to be in that situation either...due caution is always needed and common sense as well...

[nonliberal]

If I remember right, the deputy that swore out the warrant was the one that got blown away. Poetic justice.

[Pontiac]

“‘I believe the evidence also shows that an announcement was made,’ Renken said. ‘However, there is not enough evidence that Mr. Magee knew that day that Peace Officers were entering his home.’”

This is why I am totally against “No Knock Raids”. They put the home owner and the police at unnecessary risk.

The entire rational of no knocks is that it is safer for the police (element of surprise) and it prevents the destruction of evidence by the criminal.

It may prevent the later but as shown here it is not guaranteed to do the former.

I also do not believe it is constitutional.

[Graybeard58]

I’m normally a police defender but this action by the cops and other actions like them are plain stupid and cost one his life. It could have cost the lives of children present too. All over a few pot plants.

[Fresh Wind]

...it prevents the destruction of evidence by the criminal.

In our high-tech world, the solution is obvious...mandate "smart toilets" that the police can control to prevent illegal flushes.

[BitWielder1]

If you (cops) have legitimate business at someone's home, come during the day with a warrant.
If you're afraid they'll destroy evidence, turn off the water and electricity.

[Ken H]

In our high-tech world, the solution is obvious...mandate "smart toilets" that the police can control to prevent illegal flushes.

I truly hope that was '/s'.

[cva66snipe]

Unless there is a TRUE hostage situation there is no reason "RAMBO" can't come to a house in hours of daylight and simply serve a civilized search warrant. Six foot plants aren't going to just walk out. Worse is the fact these warrants are not issued on sworn statements of what officers actually witness as in years past but rather standards for issue of warrant are now based on hearsay of third parties often of the criminal element looking for favor monetary or otherwise favors from LEA's and prosecutors to lessen their own legal quandary.

No KNOCK Raids need to be limited to "Hostage" situations only and not used so cops can play soldier. LEO's who swear out such warrants and judges who sign them need to be held legally and fiscally liable. End the forfeiture laws and this sort of crap will stop overnight.

[Fresh Wind]

I thought that would be obvious!

[ez]

Thy could just as easily have waited until he left the house and rolled up on him in the street, where he would see “police” all over the cars. Instead they chose to play Billy Badass and now one is dead. Unnecessary.

[Jacquerie]

The criminal informant should answer to civil charges for Sowder’s death.

[Flag_This]

"The number of no-knock raids conducted by police in the United States has increased exponentially since the advent of SWAT teams in 1980. Only a few hundred such raids took place in those early years, but last year more than 80,000 no-knock raids were conducted on American homes, Whitehead said. And 80 percent of SWAT raids are for mere warrant service."

[cableguymn]

That is why they tossed in the bit about stolen guns from the sheriffs office to justify the no knock raid..

They where not worried about the pot plants, they where worried about being shot by stolen guns..

Now, who knows if they tossed that bit in just so they could raid the way they did. But it’s hard to argue the law was correct. I am not one to argue on their side on this one. knock someones door down, set off a flash bang and I am NOT surprised someone got shot.

I am however surprised the home owner is still breathing.