Death Penalty Trial Set for Marvin Louis Guy in 2014 TX Murder of Police Detective Charles “Chuck” Dinwiddie

[one_two_bomb]

Just another example of why the "war on drugs" needs to end. A police officer is dead and this guy is facing murder charges for protecting his home? For what? Some paraphernalia? And people are OK with their tax dollars funding this nonsense? Unbelievable. If someone broke down my window without announcing themselves I'd start busting caps at them too. It should be none of the government's business what people have in their houses.

[Helen]

Legal wrangling continues in Killeen capital murder trial

By Emily Hilley-Sierzchula
The Killeen Daily Herald

BELTON — The legal grind toward a trial date in a capital murder case from 2014 continued with another pre-trial status hearing on Thursday in the 27th Judicial District Court of Judge John Gauntt.

A Bell County grand jury re-indicted Marvin Louis Guy, 53, on a capital murder charge on Nov. 14 because of alleged racial inequalities of the grand jury, according to courtroom discussions at a previous pre-trial status hearing on Dec. 6.

Guy, who appeared in court Thursday in a wheelchair with a wrist encased in a black compression bandage, is in the Bell County Jail on a $5.5 million bond on five capital felonies: three first-degree felony charges of attempted capital murder of a peace officer and two capital felony charges of capital murder of a peace officer.

Guy is accused of shooting Charles “Chuck” Dinwiddie on May 9, 2014, when officers tried to serve a no-knock warrant at Guy’s home on Circle M Drive in Killeen at 5 a.m.

Dinwiddie died in a hospital two days later.

“I still want to get the jury questionnaire out and agreed to,” Gauntt told the attorneys Thursday.

A discussion followed about the defense’s discovery requests in a multiple-page motion before the court.

“We need more time to re-hash their old discovery requests with new discovery requests, some of which are controversial,” said Assistant District Attorney Fred Burns, to the court. “We’ve produced an acre of discovery already in this case and we’re ready to go to trial.”

Guy’s lead defense attorney, Carlos Garcia, agreed to give the state 10 days of notice to prepare for such motions.

“We have a list of suppression motions so we can’t give them an outline of what we’re going to do,” he said while agreeing to disclose as much as possible to the state. “Some of the discovery requests are repeated because of my experience with the district attorney’s office. Yes, I will repeat things.”

After the on-the-record hearing, both assistant district attorneys and the courtroom audience had to leave the courtroom for an “ex parte hearing” including the judge, Guy, and Guy’s two attorneys.

“It’s so Mr. Guy can put some things on the record,” Garcia told Gauntt.

A new pre-trial status hearing is scheduled for January, and Burns indicated in court that the case is on schedule to go to trial. At a previous hearing, attorneys decided on jury selection in February with a trial starting in March.

The judge in September 2015 ordered a gag order on the case for it not to be disused by officials outside the courtroom.

http://kdhnews.com/news/crime/legal-...255b7fe1f.html

[Helen]

Attorneys spar over pre-trial motions in Guy capital murder case

By Emily Hilley-Sierzchula
The Killeen Daily Herald

BELTON — The defense team for a man accused of shooting and killing a Killeen Police Department SWAT team leader in 2014 filed a flurry of pre-trial motions that were considered by the 27th Judicial District Court on Wednesday, including discovery motions questioning the legitimacy of the no-knock raid.

Judge John Gauntt approved some of the motions filed by attorney Carlos Garcia and denied others in the Marvin Louis Guy capital murder case.

Guy, 53, is in the Bell County Jail on a $5.5 million bond on four capital felonies: three charges of attempted capital murder of a peace officer and one capital felony charge of capital murder of a peace officer.

He is accused of shooting Charles “Chuck” Dinwiddie on May 9, 2014, when officers tried to serve a no-knock warrant at Guy’s home on Circle M Drive in Killeen.

Dinwiddie, a respected detective with the department, died in a hospital two days later.

Many of Garcia’s motions on Wednesday were motions to compel discovery, but he also mentioned, in court, additional motions to suppress consent and a motion to produce a witness.

Discovery motions

“We’ve requested multiple pages of discovery about a Killeen police officer (who is being investigated by KPD’s internal affairs division) that would impeach that officer at trial and impact the investigation,” which his team just learned about, Garcia said. “I want to allow the defense team to look at personnel files of SWAT team members, KPD investigators and Bell County Organized Crime Unit individuals who worked on this case because I don’t trust the district attorney to decide what is exculpatory or mitigating.”

The state countered that it would not release any information without due process.

“We want to wait until a final decision is made in the internal affairs investigation,” said First Assistant District Attorney Paul McWilliams, in court. “I’m sure Mr. Garcia would allow a police officer to have the same due process he would enjoy.”

McWilliams insisted that personnel records already had been handed over to the court.

“The court has reviewed them and decided not to turn them over to the defense,” he said.

Garcia said he wanted records including written reprimands, not just internal affairs investigations.

McWilliams suggested turning over all records would set a “dangerous precedent.”

Gauntt said he would take another look at the personnel files in his possession, but that the defense “has gotten what (they) need.”

Garcia also requested after-action reports, debriefing notes and recordings of interviews of SWAT team members involved in the incident.

“We only have summaries from KPD but...we want specifics about the raid and what happened that night,” Garcia said.

McWilliams said he has handed over to the defense all the information from KPD that exists, including reports from at least three people, and Gauntt denied the defense’s motion.

No-knock warrants

“We need to know if they followed standard operating procedure,” Garcia said when asking for KPD training videos, “including when no-knock warrants are used with a flash-bang device.”

“We need to know if they did this right,” he said. “Twenty people attacked that house that night.”

Gauntt initially denied the motion but changed his mind when Garcia narrowed his request to actual raids, not training materials, within six months of the incident.

Garcia also asked for documents to clarify the planning procedure used before no-knock warrants are approved, and questioned if KPD changed its tactics after Dinwiddie’s death.

“We have suspicion that the operation in 2014 did not follow protocol,” Garcia said.

Gauntt granted that request.

McWilliams said it already is documented why it was a no-knock warrant, and that the decisions made by commanders likely are “subjective.”

Garcia continued on the same track.

“We have some documents (about policy changes in the department), but we need the whole picture to see if excessive force was used,” he said. “If they issued a stand-down order, if they stopped doing no-knock raids for a period of time...”

McWilliams insisted, as he did multiple times during the hours-long hearing, that “those records just don’t exist.”

The defense made other motions Wednesday, including several for interview notes and recordings, information used by KPD commanders to produce reports on the Guy case, photos and other audio-visual recordings, the witness and expert list, as well as a list of “snitches.” Gauntt decided to remind the state of their continued obligation to disclose evidence to the defense.

“It’s amazing how many jailhouse snitches rise up close to a trial,” Garcia said. “There should be no surprises.”

McWilliams agreed to continue to provide the evidence as it arises.

The next step before a trial can begin is sending out jury questionnaires before an anticipated trial date in March, according to previous courtroom discussions.

Officials can’t talk about the case outside of court due to a gag order from the judge.

http://kdhnews.com/news/crime/attorn...1486d31ba.html

[Helen]

Guy's lawyers try to squash search warrants

By Emily Hilley-Sierzchula
The Killeen Daily Herald

BELTON — Two law enforcement witnesses were called on Thursday in the 27th Judicial District Court, as lawyers for a man accused of killing a Killeen police officer tried to get several search warrants suppressed before trial.

It was the latest in a series of pre-trial hearings in the Marvin Louis Guy capital murder case. Guy, 53, is in the Bell County Jail on a $5.5 million bond on four capital felonies: three charges of attempted capital murder of a peace officer and one capital felony charge of capital murder of a peace officer.

He is accused of shooting Charles “Chuck” Dinwiddie on May 9, 2014, when officers tried to serve a no-knock warrant at Guy’s home on Circle M Drive in Killeen.

Dinwiddie, a respected detective with the department, died in a hospital two days later.

Carlos Garcia, Guy’s lead defense attorney, attempted to show that the search and arrest warrants used before and after the raid lacked probable cause.

After hearing arguments and testimony from a witness, Judge John Gauntt denied the defense motion to dismiss the search warrant created by the Bell County Organized Crime Unit on May 8, 2014.

The unit had been investigating Guy since around March, according to courtroom testimony from John Moseley, an officer with the Harker Heights Police Department. He wrote the warrant using information gained from a confidential informant, according to court testimony.

“The affidavit is factual and includes significant details relating to Mr. Guy’s activities,” said Assistant District Attorney Fred Burns.

Garcia asked Moseley questions about the affidavit.

“The information was that someone named ‘G’ sold cocaine and marijuana out of a blue Crown Victoria, but did you independently corroborate that?” Garcia asked Moseley.

Although he said he never witnessed a hand-to-hand transaction between the informant and Guy, Moseley said he made personal observations that led him to believe narcotics activity was taking place in the parking lot and in the car.

“There was a lot of foot traffic in that neighborhood but there was more than a normal volume of traffic near Mr. Guy’s residence,” Moseley said.

Garcia questioned why Guy’s apartment, on the first floor of a fourplex, was included within the search warrant.

Within 48 hours prior to the raid, a confidential informant had seen drugs in Guy’s possession, and had reported seeing scales and bags inside the apartment, according to Moseley’s references to the warrant.

To establish probable cause, “I used the three buys made by the confidential informant and my personal observations of Guy going back and forth to the apartment and the car,” Moseley said.

A second law enforcement witness was called to the stand late in the afternoon.

Lt. Frank Plowick, operations lieutenant for the Killeen Police Department’s criminal investigative division, answered questions about the search warrant he created on May 9, 2014. That warrant, created after the shooting, included the home and car and incorporated Moseley’s earlier warrant.

Plowick said he wrote the search warrant based on conversations with detectives and officers at the scene.

“I just knew that our tactical response unit had been fired upon and Guy and Shirley Whittington were the only people found,” Plowick said. “They said (police) were dressed in police attire and yelling, ‘police!’ and ‘search warrant!’ before and during their approach.”

The next step before a trial can begin is sending out jury questionnaires before an anticipated trial date in March, according to previous courtroom discussions.

http://kdhnews.com/news/breaking_imp...315e5abaa.html

[Helen]

Edited:

Capital murder case hearing scheduled

By Emily Hilley-Sierzchula
The Killeen Daily Herald

A court hearing is scheduled for Tuesday afternoon in a Killeen capital murder case that began five years ago. The last hearing for the Marvin Guy case was just over three months ago, in June.

Guy, 54, is in the Bell County Jail on bonds totaling $4 million on four capital felonies. He is accused of shooting KPD SWAT Detective Charles “Chuck” Dinwiddie on May 9, 2014, when officers tried to serve the warrant at Guy’s home on Circle M Drive in Killeen, and injuring three other officers.

http://kdhnews.com/news/local/capita...25be22756.html

[Helen]

Man charged with murder of Killeen detective set for trial in 2020, district attorney says

Marvin Guy will stand trial for murder in connection to the death of Killeen Police Detective Charles Dinwiddie

By Jim Hice
KCENTV.com

KILLEEN, Texas — A Killeen man charged with a 2014 murder of a Killeen police detective will go to trial in March, 2020, according to Bell County District Attorney Henry Garza.

Marvin Guy is accused of shooting and killing Charles Dinwiddie while police were serving a no-knock warrant for his arrest.

Garza said jury selection for Guy's trial was set to begin in January, 2020 followed by his trial on March 23 in the 27th District Court of Judge John Gauntt.

This is the third trial date set for Guy. He is charged with capital murder and remains in the Bell County jail with a $4 million bond.

A no-knock warrant allows officers to enter a home without notifying residents, knocking, or ringing a doorbell.

Several police departments have stopped the practice, including the Houston Police Department after two suspects were killed and five officers injured during a no-knock raid in January.

The family of James Reed, a Killeen man killed during a no-knock raid in February, started a petition to end the practice by Killeen police.

During a Texas Rangers’ investigation of that shooting, they found Officer Anthony Custance, who has since resigned, fired into the back of the home. Although Custance’s shot didn’t kill or injure Reed, it didn’t follow the Killeen Police Department's plan for serving the warrant.

https://www.kcentv.com/article/news/...f-17d3f300c5ff

[Helen]

First hearing in months held on Killeen no-knock capital murder case

By Emily Hilley-Sierzchula
The Killeen Daily Herald

After almost nine months on pause, a remote hearing was held Monday in a Killeen capital murder case from 2014. The last hearing on the Marvin Louis Guy case was on Jan. 14.

Guy, 55, is accused of shooting and killing Killeen Police Department SWAT officer and Det. Charles “Chuck” Dinwiddie during a no-knock raid at Guy’s home on Circle M Drive on May 9, 2014.

Dinwiddie, 47, died in a hospital two days later.

At the remote hearing on Monday in the 27th Judicial District Court, a few updates were provided but no new trial date was set because of COVID-19 uncertainties.

Judge John Gauntt said he did not foresee juries back in Belton’s courtrooms before next year.

“Then, we’re way back-logged,” he said. “The trials will proceed based on importance and length of time. This case will be one of the first to go (to trial) when we get back on track, but I don’t know when that will be.”

Guy was booked into jail on May 10, 2014, almost 6½ years ago. His bonds total $4 million on five felony charges: capital murder of a peace officer, capital murder by terror or threat, and three charges of attempted capital murder of a peace officer.

Guy has said that he did not know it was police officers who were entering the apartment and that he fired in self-defense during the 5 a.m. no-knock raid at his home.

Other SWAT officers were wounded during the raid.

Case updates

On July 8, one of Guy’s two defense attorneys filed a two-page motion to withdraw as attorney of record. Anthony Smith has been hired as an assistant district attorney with the McLennan County District Attorney’s Office.
Judge John Gauntt granted the defense team’s motion the next day.

At the remote hearing on Monday, defense attorney Jon Evans appeared with lead defense attorney Carlos Garcia.

“Jon just got discovery, so it’s going to take us some time to get there,” Garcia said.

District Attorney Henry Garza, who is the lead prosecutor on the case, asked Garcia for an update on Guy’s medical condition.

At the last hearing on the case, on Jan. 14, Garcia said that his client would be having surgery after Baylor Scott & White neurologists diagnosed a degenerative spinal condition.

“COVID-19 put a stop to everything,” Garcia said. He told the court that Guy had a pre-surgery study conducted in June, but “there’s been no surgery.”

He said that he is waiting to hear back from the jail’s new clinic administrator for an update on when Guy’s spinal surgery can be conducted at the hospital.

“As soon as they let me know the status, I can let the court know,” Garcia said.

Three trial dates have been set and nixed in the case so far, most recently for March 23.

https://kdhnews.com/news/local/first...fa2b7949b.html

[Helen]

More than 6 years after deadly Killeen police raid, Judge not happy with lack of trial

By Emily Hilley-Sierzchula
The Killeen Daily Herald

During a hearing for a Killeen man who has been in jail awaiting trial on a capital murder charge for years, a Bell County judge expressed exasperation with trial delays caused by COVID-19 mitigation orders.

Marvin Louis Guy, 56, is accused of shooting KPD SWAT Detective Charles “Chuck” Dinwiddie and injuring three other officers on May 9, 2014, when police served a no-knock warrant at Guy’s home on Circle M Drive.

Dinwiddie died in a hospital two days later.

Guy, who is facing the death penalty, has been held in the Bell County Jail since being booked on May 10, 2014. His bonds total $4 million on four capital felonies, including capital murder of a peace officer.

No actions were taken or motions heard during the remote hearing on Wednesday. The only delay to the start of a jury trial are the governor’s orders relating to the coronavirus, which shut down all jury trials.

“I’m as frustrated as I can get over the situation and I can’t do squat about it,” said Judge John Gauntt, who presides over the 27th Judicial District Court. “All of the courts in Texas are under these orders and we haven’t had a jury trial since before March of last year. The first time we could get in the courtroom is the first part of April, and I expect that to get rolled back again.”

During the hearing, the judge asked Guy how he was doing.

"There are a lot of legal issues to my case,” he said. “I would like to have ‘ex parte’ hearings to discuss changes to motions that I would like to make.”
One of Guy’s defense attorneys, Jon Evans, told Guy that he would be visiting on Thursday.

Guy, a suspected drug dealer, has said that he did not know it was police officers who were entering the apartment and that he fired in self-defense during the 5 a.m. raid.

Through the years, three trial dates have been set in the case, but never materialized.

Besides the coronavirus, other delays in the case have come from Guy firing his first set of court-appointed attorneys, Guy’s medical issues and his defense lawyers saying that the Bell County District Attorney’s Office was not forthcoming in sharing all the evidence in the case.

Another status hearing will be set in the case in 30 to 45 days.

“We’ll come back about every 30 days until we get in the courtroom (for a jury trial),” Gauntt said.

https://kdhnews.com/news/crime/more-...56b5640d8.html

[Helen]

Marvin Guy hires new attorneys in capital murder case

By Emily Hilley-Sierzchula
The Killeen Daily Herald

During a short hearing on Monday afternoon, the defendant in a 2014 Killeen capital murder case officially hired new attorneys, which could delay a jury trial further.

Marvin Louis Guy, 56, has been held in the Bell County Jail since being booked on May 10, 2014, on four capital felony charges.

Innocence Project of Texas Executive Director Mike Ware will be first chair on Guy’s case, with Justin A. Moore, a criminal defense attorney from Dallas, as second chair.

Guy is accused of shooting a Killeen Police Department detective, who later died, during a no-knock raid on Guy’s residence on Circle M Drive in 2014. Guy has claimed self-defense, saying that he did not know it was police entering his residence.

KPD SWAT Detective Charles “Chuck” Dinwiddie and other officers were shot on May 9, 2014, and Dinwiddie died in a hospital two days later.

Guy is facing the death penalty.

The remote hearing in the 27th Judicial District Court lasted less than five minutes, as Guy had to verbally confirm his hiring of Ware and Moore.

Ware and Moore are the fourth defense team to represent Guy.

Assistant District Attorney Fred Burns asked that the new attorneys be placed under the same gag order that has been in effect since 2015.

“There’s been a gag rule in this case forever; please respect it,” Judge John Gauntt reminded Ware and Moore.

In past hearings, Gauntt has expressed his eagerness to get Guy’s case in front of a jury, and he ended on a similar note on Monday.

“There is an extensive amount of discovery in this case,” he said. “I intend to try this case as soon as we can get to it."

https://kdhnews.com/news/local/marvi...85ea514d0.html