Texas Deputy Killed in Dawn No-Knock Drug Raid

Submitted by Phillip Smith on (Issue #815)
Consequences of Prohibition

A Burleson County, Texas, sheriff's deputy leading a dawn, no-knock drug raid was shot and killed by the homeowner last Thursday. Sgt. Adam Sowders becomes the 40th person to die in US domestic drug law enforcement operations so far this year.

[image:1 align:left caption:true]Although Sowders was killed early last Thursday morning, we delayed reporting the story because the sheriff's department refused for several days to release search warrant information that would have verified it was indeed a drug-related search warrant.

According to the Bryan-College Station Eagle, Sowders had obtained a search warrant for the residence after obtaining information that the homeowner was growing marijuana and possibly had stolen guns. The warrant was a "no-knock" warrant, meaning police could forcibly enter the residence without giving residents a chance to respond.

Sowders, the first officer through the door, was shot and killed by homeowner Henry Goedrich Magee, 28, who has now been charged with capital murder. But Magee's attorney, famed Houston defense lawyer Dick DeGuerin, said Magee and his pregnant girlfriend were sleeping in the home when they heard "explosives" going off and loud pounding at the door. Moments later, the door burst open and a person Magee couldn't identify entered the residence. Magee grabbed a rifle leaning against his bedroom door frame and shot Sowders. According to DeGuerin, Magee shot him because he "believed the man rushing in was an intruder and he needed to defend himself."

Magee has a felony and a misdemeanor drug conviction, but DeGuerin said all investigators found inside the trailer were a few marijuana plants and four guns that were all legal. DeGuerin pointed at the no-knock warrant as a contributing factor in Sowder's death.

"The danger is that if you're sitting in your home and it's pitch black outside and your door gets busted in without warning, what the hell are you supposed to do?" DeGuerin said.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.

Comments

blkwdw86 (not verified)

There is no discernible difference between the mafia and government. Both are gangs involved in endless criminal activity. Both fight each other and everyone else for control of what they perceive to be "their turf." Both run protection rackets. Both are involved in extortion. Both sell guns and drugs. Both will persecute the innocent, and if the innocent presents enough force to resist them, they'll call reinforcements and greater force. Do something to one of either, and they'll gang up and retaliate. Someone explain a difference, because I sure don't see any.
Wed, 12/25/2013 - 8:30am Permalink
blueeyedwolf (not verified)

In reply to by blkwdw86 (not verified)

The mafia never wanted women and children involved, but that all changed when drugs came into the picture. It was never meant to 'expose' them to that life, they didn't want women and children anywhere around it, it was a "mans" world. I would trust the mafia FAR more than the government.....what does that say? 

Wed, 12/25/2013 - 10:25am Permalink
Ted Wright (not verified)

New Hampshire no longer allows this type of warrant to be served.  After the loss of Greenland, NH Chief Michael Maloney when a local drug task force attempted to conduct such a no-knock warrant, the state decided that they are just too dangerous to continue...

Wed, 12/25/2013 - 9:08am Permalink
spider man (not verified)

I am not any fan of no knock search warrants, but I could see the necessity  if the perpetrator was suspected  making poison, and planning to put it in a water supply, or was suspected of having nuclear waist and making a dirty bomb, or something of that magnitude, but for a judge to authorize a bloody no knock warrant over bloody pot plants in outrageous!! This judge should be impeached, held accountable, and have charges brought against him...This depute  died an unnecessary death. 

Wed, 12/25/2013 - 10:34am Permalink
Confused (not verified)

Aside from the BS No knock Warrant. How does a convicted FELON Legally own firearms ? I am an avid supporter of the second amendment. He lost that right when he committed a felony and got caught. I know a few felons and they are not even allowed to knowingly be near firearms. The reason these type of warrants exist is that many officers have been shot through the doors they were waiting at after announcing themselves as officers with a warrant. 

Wed, 12/25/2013 - 10:54am Permalink
modest means (not verified)

In reply to by Confused (not verified)

Under certain circumstances a convicted felon may petition for his civil rights to be restored. If all the qualifications for the state in which they reside are met and all of the fees and paperwork are properly filled out and turned in. They can have all of their rights restored including the right to bear arms.

Wed, 12/25/2013 - 6:41pm Permalink
Ian C (not verified)

I do NOT support the war on drugs as drugs are an addiction NOT a crime. #2 I do NOT support no-knock raids for any reason. The home owner should is completely justified and all charges should be dropped. I fully support the home owner. No-Knock raids are a pure example of what a police state looks like.

Henry Goedrich Magee, 28, who has now been charged with capital murder. But Magee's attorney, famed Houston defense lawyer Dick DeGuerin, said Magee and his pregnant girlfriend were sleeping in the home when they heard "explosives" going off and loud pounding at the door. Moments later, the door burst open and a person Magee couldn't identify entered the residence. Magee grabbed a rifle leaning against his bedroom door frame and shot Sowders. According to DeGuerin, Magee shot him because he "believed the man rushing in was an intruder and he needed to defend himself."<- Makes sense, don't you think? People remember why we have a second amendment, this is why. No-Knock raids = Pre-1776. All charges should be dropped. the no-knock warrant as a contributing factor in Sowder's death.

Oh yea, let us not foreget "early last Thursday morning", probably between the hours of 2AM and 6AM?

Wed, 12/25/2013 - 11:11am Permalink
morgan Roberts… (not verified)

i really love reading out loud all of your comments. i do think the judge should be held accountable(we'll all be admitted for radiation poisoning from the fukashima plant before that happens) leo's are the street thugs doing what is told of them by there high ranking counter parts. two months ago i was charged with careless driving and i should have recorded the incident because the leo's who pulled my over were going to let me drive away, until there sgt who ive had bad encounters with when i was younger pulled up. 30 sec later im being charged with careless driving. they didnt see me driving careless there was a vehicle that fit my description in the that area of town i happen to drive through. moral of my story is this is a system that we all trust. a system our mayor or town meeting decide to fund. people who have minimal experience and think if they start waving a warrent or ticket book around makes it all justifiable and cozy. i will be the judge of my own wrong doing and the next time i get put into a situation and being detained for being innocent i'm going to be the one crying wolf. or yelling "im being kidnapped". i live in a small town in western nebraska, leo's here falsify there actions all the time because more then most dont know the law. Morgan Robertson. "if you cant be safe, be deadly"

Wed, 12/25/2013 - 11:23am Permalink
Jim Smith (not verified)

No knock warrants have become a license to kill. When the tables are turned on the killers they whine bitch and moan because they got their butt shot.

It's time we all stood up and stopped this insanity before we all become a target.

While we start a chip in for the defense fund of this person there gun it needed because the states can go after them with every resource it has to protect is little jolly moneymaking venture called the drug war.

Wed, 12/25/2013 - 12:16pm Permalink
Kansan (not verified)

Totally justified - self defense of life/property.  May this be a lesson to law enforcement's ways of thinking.   These actions aren't totally worthless, we can use them and their errant ways as a bad example.

Wed, 12/25/2013 - 1:18pm Permalink
moman2 (not verified)

THIS POLICY is one of many reasons these days that America has SUCH a bad reputation the world over.

Most people out of the US now despair. It had such a good reputation years ago, now it is looked upon as almost as bad as the nazis. (Its Foreign policies and gun policies also contribute to this)

Get a grip guys.

Don't you understand how this looks to everyone?

And all over a little bit of weed.

 

Shame on you.

Wed, 12/25/2013 - 1:40pm Permalink
notacoyote (not verified)

The cartels are performing home invasions on a weekly basis along the Mexican border. They are dressed as cops, armed at least as well as cops, and are killing and kidnapping the residents. It's old news here, it hardly even gets reported locally. This loss of a cops life is a horrible event. Peace for his family.
Wed, 12/25/2013 - 2:41pm Permalink

My sister-in-law reported this happening to a farm across the road from  her in CA. She raises lavender. The farm across the road from her had a license to grow medical marijuana. They were raided by fake cops who robbed them and seized their stuff. The real cops don't have any information about who did it. We guess it was a cartel. 

Wed, 12/25/2013 - 2:57pm Permalink
Ritepath (not verified)

This is what happens when the 2A meets the war on drugs.

 

One man had to die to find a plant that grows naturally all around God's green earth.  Next up corn mandated in our gas tanks.

 

 

Wed, 12/25/2013 - 4:47pm Permalink
D&S (not verified)

First of all, sowden did obtained the warranty. But keep in mind that with no knock door policy put in place possibably that first thing any criminal would do in this situation, hide or get rid of evidence and/or escape if sowden had knocked the door and announce himself. What home invader would use explosives or tear gases in home to invade a home? Homeowner did have a criminal background and a tips were correct however the amount of grown marijuna and illegal guns were incorrect. Police dept often acted based on information they received. Also the police dept do not make such policies only the ones in government in the states they resides are the one who made these policies. The homeowner who does have criminal records or histories shouldn't own the shot gun anyway. Thus the charges for murder or manslaughter of police officer who was simply following orders and doing his job.
Wed, 12/25/2013 - 6:05pm Permalink
CPAbeeyawtch (not verified)

In reply to by D&S (not verified)

It worries me a little for my own soul that I'm glad an offer died in the drug war. This is a war after all. I say that war is senseless. People love to gear up and play paintball and cops love to gear up and play soldier. I would think differently if the cops were going to free hostages or even go after stolen property. I'm also for cops shooting robbers and other violent criminals. However, I'll be glad to see them die going after peaceful homeowners growing pot. Here's a case where he's defending his own home and he should get off. This officer died in vain and I'm glad. Stop the drug war.
Wed, 01/01/2014 - 5:01pm Permalink
Anonymous43 (not verified)

Hope this guy gets off. I don't agree with cops not knocking. For all he knew its a break in. If I could donate to his defence I would.
Wed, 12/25/2013 - 7:39pm Permalink
DeeDee2Die4 (not verified)

They may be in those new military tanks, they may spot you first with drones, they will have night vision goggles, they will have high powered rifles, they're said to serve and protect. 

This is a war on people, a war on American citizens on American soil.

Wed, 12/25/2013 - 10:42pm Permalink
Tony Boyd (not verified)

Seems we have a bunch of legal experts or there. Look at a man, born and raised in a small town in south Texas. Since high school this man took pride in his town, took steps and made sacrifices to make it bettter, to protect it.....joined the volunteer fire dept. Completed school and joined the local police force, making a stand for what is inherently right. Stepped further, to protect not only the town, but the county in which he continued to reside and love. As a result of his own investigation, legal warrants were issued to enter a household, issued and signed by a judge. This man executed his order and served his legal warrant, and was shot and killed in the process. Just before Christmas, he left behind a grateful community, close friends and colleagues, and loving family....all in the service of his community. No different than my fellow soldiers protecting our nation and way of life. Shame on all of you on this Christmas day.
Thu, 12/26/2013 - 12:36am Permalink
saynotohypocrisy (not verified)

In reply to by Tony Boyd (not verified)

"Making a stand for what is inherently right"

That's nonsense, he was making a stand for alcohol supremacist bigotry when he got killed. He wasn't trying to catch a thief, or a murderer, or a rapist. He was invading someone's home over a few stinking marijuana plants. I am sorry he's dead, but that's a risk you take when you do a no-knock raid over less than nothing.

He might have been protecting your way of life when he invaded this guy's home, but only if your way of life includes the grotesque claim that you can use alcohol, but other good folks can't use weed. 

Sorry, Tony Boyd, but you are going to have to share this country with the people who prefer weed to booze. The sooner alcohol supremacists accept this, the less we'll be reading about tragedies like this.

Thu, 12/26/2013 - 11:28am Permalink
Tony Boyd (not verified)

Seems we have a bunch of legal experts or there. Look at a man, born and raised in a small town in south Texas. Since high school this man took pride in his town, took steps and made sacrifices to make it bettter, to protect it.....joined the volunteer fire dept. Completed school and joined the local police force, making a stand for what is inherently right. Stepped further, to protect not only the town, but the county in which he continued to reside and love. As a result of his own investigation, legal warrants were issued to enter a household, issued and signed by a judge. This man executed his order and served his legal warrant, and was shot and killed in the process. Just before Christmas, he left behind a grateful community, close friends and colleagues, and loving family....all in the service of his community. No different than my fellow soldiers protecting our nation and way of life. Shame on all of you on this Christmas day
Thu, 12/26/2013 - 12:37am Permalink
Matt B (not verified)

In reply to by Tony Boyd (not verified)

I'd like to reply to this, and consider yourself lucky it's me who's replying.

I'm absolutely sad for this cop who passed away and for his family. I know he was doing what he "thought" was right.

I'm not ignorant, though.

This cop died because his superiors and his government put him in this position.

His superiors and his government refuse to abandon their zero tolerance policy regarding weed. Weed dealers emerge because prohibition enables them.

I live in a state where medical MJ is legal. I've have a congenital eye condition, which has resulted in glaucoma since age 12.

In another state I'd have been jailed and my eye condition would have been a lot worse.

I am a married man in his thirties. Wouldn't you do the same thing as I if your eyesight has been failing all your life?

Magee is innocent. You would do the same to protect your family.

I've met only good cops... but I'm not stupid. I know it's not just luck, it's because I'm white. I hope they stop forcing cops to enforce UNAMERICAN laws. And I hope cops finally start to gather and say 'you know, this aint worth it. I don't care if I'm not allowed to, I'm going to make a stand against being forced to enforce UNAMERICAN laws.'

Shame on all prohibitionists. You are not following American values, or the values of Jesus Christ, whichever you want to claim.

Merry Christmas to all.

This cop wanted to do right, and he is another casualty of this failed war: the war on me and those like me.

Thu, 12/26/2013 - 1:30am Permalink
saynotohypocrisy (not verified)

In reply to by Matt B (not verified)

I too wish the cops would start protesting being forced to enforce such obviously hypocritical laws. Their respect in the community would be much stronger if it wasn't for this never ending war on users of the 'wrong' drugs.

Thu, 12/26/2013 - 12:20pm Permalink
Mark Mitcham (not verified)

In reply to by saynotohypocrisy (not verified)

There are a few cops who get it: law enforcement against prohibition. Let us hope they take up this cause in this case. More rank and file cops need to take a stand against drug war, agreed.
Thu, 12/26/2013 - 1:39pm Permalink
Mark Mitcham (not verified)

In reply to by Tony Boyd (not verified)

You're saying the cop's life was worth a few pot plants? Which are legal where I live, by the way, it's not a nuclear bomb, dig it? You're saying it was all worth it to get those scary pot plants? You devalue the cop's life. It's stupid to start a shootout for no reason. That cop died for no reason, and you're grateful? That's sick.
Thu, 12/26/2013 - 1:30am Permalink

Is there any mystery regarding why government wants to confiscate all private guns? If that is done then the LEO thugs can break into homes with impunity. It has happened many times before in history and now it's happening here. Stand your ground.

Thu, 12/26/2013 - 2:49am Permalink
AnonymousTionico (not verified)

So, this time one LEO is dead. Many other times innocent civilians die. Wrong address, no evidence, false premises for the warrant.
If this insanity does not stop, cops will begin to get shot for just being cops.... which would be a grave tragedy. BUT.. their overall conduct is setting them up to be the bad guys, rather than the good guys. WHY a no knock warrant? They thought there were guns there. They foind out they were right. The hard way. No warning, no dea WHO was busting down the door..... cause they wanted the element of surprise. They got it, alright. Surprised. Just like José Guereña was. Only this time the lead flew the other way.

 

WHEN will they get it? Is a possible surprise advantage worth the life of one officer? 'd say not. SO WHAT if he's got some pot? What harm is THAT? Guns? Most folks own them Nothing illegal there, either. Get it figured out, or there will be a whole lot more innocents shot in these raids.

Thu, 12/26/2013 - 4:18am Permalink
Maxwell (not verified)

In reply to by AnonymousTionico (not verified)

It boggles my mind that there are law enforcement agencies out there who think it's a good idea to create and then escalate a situation where there wasn't one to begin with AND do it in such a reckless manner like this. The whole thing is obscene and hideous. I have no respect for them or their tactics.

Thu, 12/26/2013 - 8:03pm Permalink
danny spagnolo (not verified)

if he was high he wouldnt of reacted as quickly and therefore the officer would still be alive..see its guys like that who give weed a bad name..

Thu, 12/26/2013 - 4:43am Permalink
get smart (not verified)

Ive sat here and read all these stupid comments about no knock warrants. But here's my question gentleman. Im sure most if not all of you have never put yourself in harms way for a stranger so I'm sure you wouldn't understand until some career criminal takes you for a ride. But I'm sure most if not all of you have watched movies and cop reality shows in reference to see how a warrant is served. So answer me this? When have you seen a warrant thru movie or reality show get served when law enforcement HAVE NOT ANNOUNCED THEMSELVES? Argue that.
Thu, 12/26/2013 - 6:17am Permalink
get smart (not verified)

Ive sat here and read all these stupid comments about no knock warrants. But here's my question gentleman. Im sure most if not all of you have never put yourself in harms way for a stranger so I'm sure you wouldn't understand until some career criminal takes you for a ride. But I'm sure most if not all of you have watched movies and cop reality shows in reference to see how a warrant is served. So answer me this? When have you seen a warrant thru movie or reality show get served when law enforcement HAVE NOT ANNOUNCED THEMSELVES? Argue that.
Thu, 12/26/2013 - 6:18am Permalink
saynotohypocrisy (not verified)

In reply to by get smart (not verified)

You seem to be saying we never see no-knock raids in the movies or reality shows. What does that have to do with the no-knock raids we do see in real life?  And why did you bring up movies? They have no bearing on what happens in real life.

Thu, 12/26/2013 - 12:11pm Permalink

Has anybody thought that the Government is in business with the cartels?  More money in drugs than oil.  If the Government really wanted to win the war on drugs they could do it easily in a few weeks with the assets we own.  Wars are about money, not righteousness.

Thu, 12/26/2013 - 8:16am Permalink
clif (not verified)

Even though it was a shameful loss, He choose to enter the residence with no warrant,their mistake...A little more training he would have taken a few more...this day and age the law is getting to cocky specially over a few plants,there will always be that one that is going to get killed just the nature of cat and mouse game the local policing force likes to play...they should knock that way it cost the criminal more money when he tries to get rid of it...Your house is off limits to all who try to forcefully enter...surely if I was to break the law they better knock first, my knowledge is far from amateur,One day they are going to force their selves into someones house and loose more life than just one...This is not the movies they do not always win...they should have had better leadership to avoid loss of life,I do not like criminal activity but this is a good case of what can happen when you enter a residence with unprepared law enforcement and poor training...in reality they should have waited a little longer to until the man suspected of criminal activity left the residence and then confronted him with the search warrant that way this officer would have not lost his life and possible the lives of others,his superiors should be put on trial for the endangerment of his and others lives that were there during the raid...with no warrant in hand.....

Thu, 12/26/2013 - 10:27am Permalink
Daman (not verified)

So the cops busted in , in the middle of the night , gussied up in gear , armed to the teeth , dicks hard as a rock.............I bet the cops were not 'lookin' fer love'.  They was lookin to hurt somebody real bad 'cause almost every time you enter someone's house at 2 am somebody is gonna get hurt real bad if the home owner has access to a gun with which to defend himself. This time , for a change it was the cops , even with their 10-1 manpower advantage and the superiority of their weapon power.

 

Let's go back in time 24 hours and ask Sgt Sowders if he wants to :

 

1. Let's kick in this assholes door at 2 am and arrest him

 

or

 

2. Let's wait 'til this asshole goes to the convenience store for coffee tomorrow and 3 of us in plain clothes jump him and wrestle him to the ground while back up arrives 60 seconds later.

 

Sgt. Sowders .....Do you vote for #1 or #2 ?

 

I bet there would be a huge difference in the way Sgt. Sowders views serving arrest and search warrants in retrospect.

Thu, 12/26/2013 - 8:59pm Permalink
kickback (not verified)

All Cops know of at least one person in their family that uses " Illegal drugs " . Who are the targets of this no-knock warrant garbage ? Pick and choose to meet the budget . Reckless conduct is not always good .

Fri, 12/27/2013 - 6:34am Permalink
Allen Brown (not verified)

I would shoot and kill anyone who breaks into my home late at night or in the daytime to defend my Family and myself, I'm positively sure that if you have guns or a gun in your home and you were put in this kind of situation your first and only reaction would be to get rid of the threat that has invaded your premises ( Kill or Be Killed ) stands firm in my book in a situation like this. The people who issued the no-knock warrant and ordered the raid should be held responsible for the police officer's death, because they know Texas allows it's residents to bear arms and they are protected under their rights to bear arms for protection, these people have guns to PROTECT THEIR LIVES not to hang on their walls, and what if they were robbers and criminals that knocked down your door and there to harm or kill you and your Family? Would you wait and see if they're there to kill you or just scare you? ( Damned if you do, Damned if you don't ) That's the Catch 22.
Fri, 12/27/2013 - 11:12am Permalink
LittleMoose (not verified)

The problem here is that the police really found nothing so the question is, how did they justify the warrant?  The police need to better screen the tips they are getting before they apply for a warrant.  This could have been one bad guy using the police to go after another bad guy.

Fri, 12/27/2013 - 4:22pm Permalink
Steveo10 (not verified)

In a case like this the proper way to execute a search warrant is to wait for the homeowner to go to work or come home from work and make a traffic stop. If leos fear that the driver is armed they can execute a felony stop and there would be little chance that anyone would be shot. Then get the house key from the driver, after finding out if anyone else is in the house, women, pregnant women, children even pitbulls. Then go to the house, even bring the homeowner with you announcing to the occupants that you are coming in. Most grow house warrants are done this way, it's safer for everyone and the swat team isn't necessarily needed. 

Why judges and state attorney's allow this kind of raid is beyond me, when much safer means are available. 

Sat, 12/28/2013 - 12:34pm Permalink
Paulpot (not verified)

No one should die for marijuana.

End the drug war.

Sun, 12/29/2013 - 9:33pm Permalink
ClipperMiami (not verified)

The War on Drugs has been a terrible terrible stain on America. 
 
What POSSIBLE value is a drug bust at the potential, in this actual, loss of life? The bad guys flush the drugs? So what, the drugs are gone. If the target was a dealer his profit is gone; if the target was a distributor he is likely in a lot more trouble with his dealer than with police --- these people kill each other for losing the 'stash'.
 
Knock on the door, announce as police and wait for the druggie to flush the stash then say good  night. More damage done than an arrest can possibly do and no one gets killed.
Mon, 12/30/2013 - 1:01pm Permalink
Mitch53 (not verified)

What kind of logic says, that when guns are suspected to be present in a home, its a good idea to bust into said home, unannounced, at 3 AM with guns drawn? 

Mon, 12/30/2013 - 4:55pm Permalink
LEAP_Speaker (not verified)

No knock warrants were approved by courts back in the cocaine days, so suspects couldn't destroy evidence.

Why a no knock warrant, did they think he could flush an entire marijuana grow down the toilet. Even if they did, we would have the water department shut off the water at night, and wait for them to call.

 

In the West, he only thing breaking into someone's home at 4 AM, wearing a mask, and yelling will get you, is shot.

Thu, 01/02/2014 - 7:42pm Permalink
kn (not verified)

2 words: 'no-knock'.  the end.  it's that simple.  when you rush a house, at night, you may get shot.  bad policies by stupid people get other people killed.  4 pot plants and 4 legal guns and a guy had to die because of 'no-knock'.  this man should not be tried at all.  he protected his home from what he only knew to be an intruder.  someone else's stupidity should ruin this guys life?  i don't think so.

Fri, 01/03/2014 - 3:11pm Permalink
joebanana (not verified)

That cop got everything he deserved. The rest of the gang should have gotten the same. Charging the homeowner is absurd, they play their little cops n robbers game and lost, too bad. This is still America god damn it, if you don't want to get shot, don't do stupid things. The drug war is treason, since declaring war on an inanimate object is insanity, it must be a war on the citizens who disagree with the insane law.

Sat, 01/04/2014 - 8:29pm Permalink

Add new comment


Source URL: https://stopthedrugwar.org/chronicle/2013/dec/24/texas_deputy_killed_dawn_noknock