Accused shooter in death of Burleson Co. Sheriff's Deputy Adam Sowders will not face murder charge

The man accused of shooting and killing a Burleson County Sheriff's deputy won't be indicted on capital murder.

After 10 hours of testimony, a Burleson County Grand Jury on Wednesday returned a "no bill" on the capital murder charge against 28-year-old Henry "Hank" Magee but did indict him on a charge of possession of marijuana while in possession of a deadly weapon, a third-degree felony punishable by two to 10 years in prison.

Dick DeGuerin, Magee's attorney, said he was encouraged by the grand jury's decision to drop the charge, especially in a tight-knit community that had just lost an officer.

"It was a tragic accident, but it wasn't a crime," DeGuerin said, adding that Magee acted in self-defense, thinking the deputy was a burglar.

More at http://www.theeagle.com/news/local/article_bad8779e-2f99-5ecf-bcb9-9f337c936b28.html .