A search warrant authorized by a local judge is shedding more light on the tragic shootout Friday that killed one Killeen police officer and injured another.
The warrant, issued May 8, authorized Killeen police to search the apartment and two vehicles of 49-year-old Marvin Louis Guy.
The warrant, drafted by the Bell County Organized Crime Unit, stated that investigators believed Guy was dealing cocaine. The warrant indicated police expected to find cocaine, money and possibly weapons in the apartment or in Guy’s vehicles.
Members of KPD’s SWAT team were attempting to execute that warrant when the fatal shooting occurred.
The officers were breaching an apartment window when Guy opened fire on them, according to an arrest affidavit. When the gunfire stopped, one officer, Odis Denton, was shot in the leg and a second, Detective Charles Dinwiddie, was critically wounded. Dinwiddie died Sunday.
Killeen Municipal Judge Mark Kimball signed the warrant, and also authorized police to conduct a “no knock” entry.
So-called “no knock” authorization exempts law enforcement from identifying themselves and announcing their purpose before using force to enter a dwelling with a search warrant.
“No knock” warrants are necessary, according to some law enforcement agencies, because criminals will start destroying the evidence as soon as police identify themselves.
“The ‘no knock’ is usually an attempt to get in before the drugs are destroyed,” said Jeff Parker, a Bell County defense attorney. “The controversy is (that) it puts officers at risk.”
Another Bell County attorney, David Fernandez, questioned the effectiveness of the “no knock” warrants.
“In my opinion there’s no reason they have to go in the manner that they do,” Fernandez said.
He suggested it would be safer for police to wait until a suspect left the home, and take them down elsewhere.
“It doesn’t make the case any weaker, and it takes all the danger out of it,” Fernandez said.
A subsequent search warrant issued after the shooting did not specify if the officers involved in Friday’s incident announced themselves before Guy opened fire. An arrest affidavit stated officers announced their presence while they tried to gain entry into Guy’s apartment.
“I hope that with officer safety in mind, they would consider other ways to serve these warrants,” Parker said.
A search warrant issued by Bell County District Court Judge Martha J. Trudo on Friday provided additional details on the fatal shooting.
According to the warrant, Guy was apprehended as he tried to flee the apartment from a back door.
A 50-year-old woman in Guy’s apartment followed verbal commands of officers and exited the front door.
Neither warrant identified the weapon police believe Guy used to fire at them, but investigators believed he likely possessed a firearm based on his criminal history, which they said included bank robbery, theft, burglary and possession of a firearm by a felon. Documentation attached to the warrant catalogued nearly 150 items collected as evidence at the scene of Friday’s shooting, including shell casings and blood.
The list also included a black, 9 mm handgun with a notation that it was reported stolen out of Temple. No drugs were included on the list.
Guy is in custody in Bell County Jail, charged with three counts of attempted capital murder. His bail is set at $3 million.
Officials from the Bell County district attorney’s office said additional charges are “likely.”