BELTON — Attorneys for a man charged with capital murder of a police officer and three counts of attempted capital murder tried to get mental health records from Killeen SWAT officers who were at the scene when a detective was shot and killed almost five years ago.
The hearing in the 27th Judicial District Court on Thursday was the latest in a series of pre-trial hearings in the Marvin Louis Guy capital murder case. Guy, 53, is in the Bell County Jail on a $5.5 million bond on four capital felonies and is accused of shooting Killeen detective and SWAT team leader 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.
Dinwiddie died in a hospital two days later.
After hearing arguments from several attorneys, Judge John Gauntt granted a motion to quash a subpoena that defense attorney Carlos Garcia had served on a counselor who spoke with SWAT officers involved in the raid.
“I’m not closing the door; you can try again,” Gauntt told Garcia.
The attorney for the counselor, Tim Ribelin, argued that the counselor’s records were protected by privacy laws and might contain personal information that should not be made public and information that could be unrelated to the case.
“She counsels veterans and people in the aftermath of tragedies,” Ribelin told the court. “The records are not relevant because the counselor was brought in after the fact to counsel KPD officers and their families.”
Garcia told the court that he would abide by privacy laws and that he wanted the records for details they might contain about the incident.
“I expect officers might have divulged details and facts about what happened that is pertinent to this case,” he said. “I need to know if these details are consistent and nothing was added to the case later.”
Gauntt approved Ribelin’s motion to quash the subpoena because he said it was “overly broad.”
Despite trial dates in the case being scheduled last year and this year, it’s unclear when the case will go to trial as attorneys are still jostling for more evidence.
Gauntt has placed a gag order on officials, which prevents them from speaking about the case outside the courtroom.