The deputies had been looking for marijuana plants and possible stolen weapons based on a tip they received from a jailed informant, according to the affidavit for the warrant signed by Sowders and District Judge Reva Towslee-Corbett.

Burleson County District Attorney Julie Renken presented the evidence to the grand jury but did not offer a recommendation on the capital murder or drug charge.

"It's a tragic situation," she said in a phone interview. "The sheriff's office was doing their job and did not do anything illegal. It was a matter of not enough evidence to think Magee knew it was a peace officer entering his home."

Renken will, however, "fully prosecute" the drug charge against Magee, noting that the deputies "would not have been there that day if Mr. Magee had not decided to live a lifestyle of doing and producing illegal drugs in his home."

The search warrant returns listed two marijuana plants in planters and eight marijuana plants under grow lights as some of the property seized from Magee's home but did not include their height. DeGuerin described them as two six-inch plants and some seedlings, while Renken said Magee had a growing operation of hydroponic marijuana producing between 4 ounces and 5 pounds of the drug.