One Man Has Rights Under The Castle Doctrine, Another Doesn’t

We Hold These Truths To Be Self-Evident

The Texas version of the “castle doctrine permits the use of deadly force when an “actor” believes someone has “unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation. Even when the Castle Doctrine does not apply, there is traditional self-defense law that is deferential to a homeowner.

On December 19, 2013, in Somerville Texas, Henry Goedrich Magee, was awakened before 6 a.m. to intruders breaking into his mobile home. Fearing for his and his pregnant girlfriend’s safety, Magee grabbed a firearm and opened fire on the intruders. He killed Adam Sowers, who happened to be a Burleson County law enforcement officer. Sgt. Adam Sowers was fatally wounded by Magee while leading an armed team during an early morning unannounced “no-knock” marijuana raid.

A Texas grand jury refused to indict Magee, citing that his sincere belief, fearing for his life…

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