A grand jury has declined to charge a Central Texas man for killing a sheriff's deputy who entered his home to carry out a search warrant.

Henry Goedrich Magee was accused of capital murder for the Dec. 19 death of Burleson County Sgt. Adam Sowders. Magee's attorney, Dick DeGuerin, said Thursday the grand jury did not return a capital murder indictment against Magee.

Sheriff's deputies entered Magee's rural home near Somerville to search for guns and marijuana. DeGuerin has said Magee awoke and thought burglars were entering his home about 90 miles northwest of Houston, reached for a gun and opened fire.