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Killeen SWAT announced arrival before May shootout

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Posted: Friday, June 20, 2014 12:00 am

BELTON — Before bullets started to fly in a May 9 shootout between Killeen police and a suspect accused of capital murder, officers announced themselves upon gaining entry into the apartment with a “no-knock” warrant, according to an arrest affidavit obtained Thursday by the Herald.

Marvin Louis Guy, 49, was indicted on a charge of capital murder Wednesday by a Bell County grand jury in the death of Killeen Police Detective Charles “Chuck” Dinwiddie. Guy also is charged with three counts of attempted capital murder. He pleaded not guilty to the attempted capital murder charges June 5.

Guy is accused of shooting four Killeen Police Department SWAT officers while they were serving a narcotics search warrant at his apartment May 9. David Daniels and Xavier Clark were protected by body armor. Odis Denton was struck in the leg. Dinwiddie was hit in the face and died May 11.

The warrant, which was issued May 8 and signed by Killeen Municipal Judge Mark Kimball, authorized police to search Guy’s apartment and two vehicles. In the warrant drafted by the Bell County Organized Crime Unit, investigators stated they believed Guy was dealing cocaine and police expected to find cocaine, money and possibly weapons. Kimball authorized a “no-knock” entry, which exempts police from identifying themselves and announcing their purpose before using force entry.

According to an arrest affidavit, once he was in custody, Guy told police he “shot at a number of persons” outside his apartment before being detained.

Bell County District Attorney Henry Garza said the capital murder indictment came after lab tests of evidence were completed and the state was in a position to go before a grand jury with the charge.

In a pretrial hearing Thursday morning on the capital murder charge, District 27 Judge John Gauntt appointed Guy with new council. His previous attorney, Michael White, isn’t qualified to represent a capital murder case. Guy’s new attorney is Russell Hunt.

White will remain on the case as second chair to assist Hunt.

If convicted of capital murder, Guy could face a mandatory sentence of life in prison without parole or the death penalty.

Garza said the death penalty is under consideration and an announcement will be made at a later date on whether the state will move forward in seeking capital punishment.

Guy is in Bell County Jail on $4.5 million bond.

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1 comment:

  • Alvin posted at 10:40 am on Fri, Jun 20, 2014.

    Alvin Posts: 343

    Copy:
    BELTON — Before bullets started to fly in a May 9 shootout between Killeen police and a suspect accused of capital murder, officers announced themselves upon gaining entry into the apartment with a “no-knock” warrant, according to an arrest affidavit obtained Thursday by the Herald. End of Copy.
    Announced themselves upon gaining entry. This says to me that the Police Department 'gained' entry and then announced themselves. That would be like shooting an individual and the reading him his rights.
    Now don't get me wrong, I personally, from what I've read of the incident, believe he is, how do I say it, 'evidence will indicate to show he is guilty of any and all infractions'.
    But what I am trying to indicate is, I personally believe, 'the police Department is also guilty of a bad case of misdirection'. The story seems to be evolving.