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

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.

Henry Goedrich Magee

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 and the life of his pregnant girlfriend, was a “completely reasonable act of self-defense.

The no-knock raid resulted in evidence to charge Magee with felony drug and weapon charges. He was held on a $50,000 bond.

 

 

Marvin Louis Guy

On May 9th, 2014, just after 5:30 am, 49-year old Marvin Louis Guy of Killeen, Texas, was in bed with his wife when he was awakened by someone climbing through a window of his residence. Fearing what any reasonable person would, Marvin grabbed his gun and fired at the intruders. It was the Killeen Police Department’s Tactical Response Unit conducting a no-knock raid, based on an informant.