BELTON — The twelve black chairs in the jury box sat empty in the 27th Judicial District Court on Wednesday morning, but during a pre-trial hearing the judge heard testimony from Killeen police officers who were involved in the no-knock narcotics search warrant during which a respected detective was killed more than five years ago.
Marvin Guy, 54, is in the Bell County Jail on a $5.5 million bond on four capital felonies, accused of shooting Killeen police 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.
Dinwiddie, who was a leader on KPD’s SWAT team, died in a hospital two days later. 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. no-knock warrant.
Potential trial dates have come and gone in the case, which was last heard in court in February.
Eight Killeen police personnel were on hand to testify during the hearing on Wednesday, including five in response to the defense’s amended motion to compel discovery.
The remaining three police witnesses were set to take the stand Wednesday afternoon for the state in response to the defense’s previous motion to suppress evidence because of lack of consent to search.
Discovery has been an ongoing issue between the defense and state, with Guy’s attorneys filing at least 10 discovery-related motions since they began representing him in 2016, according to court documents.
“I’m trying to get complete discovery, and to find out if more documents exist so we can prepare specific (discovery) motions,” said Anthony Smith, one of Guy’s two attorneys.
The defense team subpoenaed 13 Killeen Police Department witnesses to testify on Wednesday and to bring documents related to the case, but not all were able to be served, according to courtroom discussions.
Smith asked each of the five police witnesses about their after-action reports and if an “operational order” was prepared for the Guy raid.
None of the witnesses recalled seeing an operational order but some testified that one must exist.
Detective Brandon Smith, a member of the SWAT team that served the warrant, said that, in general, an operational order details “the target, location and things we’re going to do” during a raid.
Another witness, Sgt. Jonathan Rinehart, said that he thought an operational order likely was done but that he never saw it.
“I’m not sure if (an operational order) was completed, due to the circumstances,” Rinehart said. “Detective Dinwiddie was meticulous about what he did and it sometimes took him a little longer to type things.”
Rinehart said an operational order documents the plan of the raid, which is then shared with departmental chain of command.