The attorney for a Central Texas man accused of killing a sheriff's deputy says the man thought he was the victim of a home invasion when he opened fire.

Henry Goedrich Magee is accused of capital murder of a peace officer in the death of Sgt. Adam Sowders. The Burleson County Sheriff's Office said Monday that investigators had found the semi-automatic rifle used to kill Sowders at Magee's rural home near Somerville, about 90 miles northwest of Houston.

But Magee's attorney, Dick DeGuerin, says sheriff's deputies did not announce themselves when they entered Magee's home just before 6 a.m. Thursday. DeGuerin says Magee opened fire without knowing that the person he shot was a sheriff's deputy.

District Attorney Julie Renken declined to comment on specific allegations due to the investigation.