Ambush or tragedy? Attorneys paint stark contrast in how death of KPD detective unfolded | Crime
BELTON — Dinwiddie family members and supporters — many of whom were wearing shades of blue as a statement of support for police officers — crowded into the 27th Judicial District Court on Monday morning for the first day of a capital murder case that has been lingering for more than nine years.
The defendant, 59-year-old Killeen resident Marvin Louis Guy, has been held in the Bell County Jail since that fateful morning when a no-knock warrant was served at his apartment on Circle M Drive in Killeen.
Guy is accused of the shooting death of a Killeen Police Department SWAT team leader. Charles “Chuck” Dinwiddie and other KPD SWAT team officers were serving a no-knock narcotics warrant at Guy’s residence on Circle M Drive in Killeen on May 9, 2014, when Guy allegedly opened fire and struck four of the officers. Guy is claiming self-defense in the case.
Dinwiddie, a detective and longtime member of KPD, died on May 11, 2014.
Detective Charles “Chuck” Dinwiddie.
After Assistant District attorney Debbie Garrett read the indictment, Judge John Gauntt asked for the defendant’s plea.
“Not guilty,” Guy said.
Marvin Guy
His brother and other supporters also were in court on Monday.
Ambush or tragedy?
Testimony on Monday consisted of five law enforcement officers — including one of the three men who was hit but survived — and the nurse from the Bell County Jail who recently took a sample of Guy’s DNA. But was attorneys’ opening arguments that provided a preview of the evidence that the jury — which consists of 10 women and six men, including four alternate jurors — will have to consider over the next few weeks.
As is customary, the state’s prosecutor gave his opening statement first, followed by the defense attorney.
“When the police showed up, just before dawn so many years back, officers were there to serve a lawful search warrant, signed by a judge,” said Assistant District attorney Fred Burns. “That signature gave them the legal permission to enter into (Guy’s) apartment. Because of the danger, the judge authorized a no-knock entry, allowing them to go in without warning Guy. The no-knock was designed to increase the safety of an inherently dangerous job. They walked into an ambush.”
According to Burns, the evidence shows that, somehow, Guy knew that they were going to serve a search warrant and that he barricaded the front door with a large lounge chair. The chair delayed the entry of the door entry team while the other teams proceeded.
“His girlfriend will tell you that in the four years that they dated, that was the first time he had ever done that,” Burns said.
As the officers at the window were “breaking and raking” into Guy’s bedroom window, one of the officers had trouble with the procedure.
“As (one of the officers) is about to rake the window a second time, he saw the flashes of the gun,” Burns said. “One of those shots struck Chuck in the face. He went down and never regained consciousness. He died two days later when they disconnected life support.”
According to Burns, the nine 9-mm shots that Guy fired were carefully aimed at above and below officers’ tactical vests.
“He knew who they were when he opened fire because of the porch light that lit them up,” he said. “When you’ve heard the evidence, you’ll know in your head and heart that he’s guilty of capital murder.”
Guy’s defense attorney also spoke about the porch light, which was located on the upper balcony while Guy’s apartment was on the first floor, but he also talked about the overall nature of no-knock warrants, which are a tactic that KPD officers can no longer use.
“There were mistakes made by KPD. Period,” said Jon Evans. “There were mistakes from the get-go. Use your common sense. It’s 5:40 a.m. It was very dark outside. Period. There was chaos and more chaos. Noise, smoke, windows breaking, doors slamming at 5:40 a.m. and a tragedy occurs because of the mistakes.”
Evans reminded jurors that Guy is presumed innocent and that Burns’s statements are not evidence that they can consider.
“They’ll try to make everything Marvin Guy did seem sinister,” Evans said. “Wrong. They were just doing their jobs and the sinister Marvin Guy knew they’d be showing up and do this to him. You won’t be hearing any evidence of a tip-off.”
Evans urged jurors to not be swayed by a “quick and easy” decision.
“Mistakes were made. Chaos happened. A tragedy occurred,” he said. “That doesn’t equal a guilty verdict.”
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