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.