BELTON — Marvin Guy — the Killeen man accused in the fatal shooting of a Killeen police detective during a SWAT team raid at his apartment more than four years ago — was re-indicted this week on a charge of capital murder, which could carry the death penalty.
In a scheduled pretrial hearing Thursday morning, Guy was formally arraigned on a charge of capital murder, even though he had already been indicted for that and other charges stemming from the 2014 police raid at his apartment on Circle M Drive that left one Killeen police officer dead and three more injured.
An affidavit read Thursday by Bell County District Attorney Henry Garza said Guy knowingly fired a deadly weapon at a peace officer, KPD Detective Charles Dinwiddie, resulting in his death.
Guy entered a plea of not guilty.
It was not made clear why Guy was re-indicted on the charge.
“I can confirm that Marvin Guy was re-indicted yesterday for capital murder, but cannot comment further as the gag order is currently in effect,” Garza said in an email to the Herald on Thursday. Judge John Gauntt issued the gag order on Sept. 17, 2015, and it bars any attorneys or parties involved in the case from discussing details with the public.
The incident occurred at 5 a.m. on May 9, 2014, when Killeen Police Department SWAT officers served a no-knock, narcotics search warrant at Guy’s apartment. Guy opened fire, killing Dinwiddie, who was a SWAT team leader, and wounding three others.
In May and June of 2014, a Bell County grand jury indicted Guy on three charges of attempted capital murder, in addition to the charge of capital murder.
The attempted murder charges are still pending and active, Garza said in the email. “Nothing has changed concerning their status.”
During Thursday’s court hearing, Guy’s defense lawyers Carlos Garcia and Mike White put on record that it had filed a motion approximately 10 days prior, to investigate racial discrimination during jury selection during the years 2004 to 2014. The defense presented suspicion that discrimination may have been a factor in Guy’s indictment.
The defense also said it presented a letter addressed to the grand jury foreman on Wednesday prior to the announcement of Guy’s re-indictment. According to the defense, the letter expressed its desire to present further evidence to the grand jury prior to the indictment vote. The defense posed the question on record of whether the letter was received and read prior to the grand jury’s decision. The prosecution did not provide an answer.
Guy’s defense also brought to the attention of the court the state of Guy’s physical health. The defense said Guy has trouble walking straight and maintaining balance.
In court Thursday, Guy walked into the courtroom with the help of bailiff and slumped into his chair. He appeared to be in good spirits, laughing occasionally.
Judge Gauntt said he would arrange for a physician to visit Guy.
The initial bond of $4.5 million remains in place.
Jury selection for the trial is set to begin in February.