A former Killeen Daily Herald crime reporter leaked documents he said show officer misconduct in the arrest of Marvin Guy, 52, during the execution of a “no-knock” search warrant May 9, 2014.

Guy is accused of capital murder and three counts of attempted murder in the death of Killeen police officer Charles “Chuck” Dinwiddie and wounding of three other officers during the raid.

Clay Thorp, a former employee of the Herald who resigned in August and is currently employed with the New Braunfels Herald-Zeitung, said in a Dec. 3 interview with thefreethoughtproject.com that a series of documents titled “Marvin Guy Defense File Review Notes” reveal Killeen police officer Juan Obregon Jr. assaulted Guy during Guy’s arrest.

The documents have yet to be verified by any legal party involved in the case.

Guy’s case is still in the pretrial phase after more than 2½ years. Paul McWilliams, Bell County’s first assistant district attorney, refused to comment on the case Monday but said a status update hearing was planned to be scheduled this month.

Guy most recently appeared in Judge John Gauntt’s 27th District Court in Belton on Sept. 29 for a status update hearing.

The four pages released by the online publication came from the defense file, according to Thorp. They include a bulleted list of the file’s contents, including a summary of Dinwiddie’s autopsy and medical records, and two reports from officers who assisted in executing the search warrant.

In Obregon’s listed report, the officer says he struck Guy in the face with his pistol and shoved the weapon into Guy’s mouth after learning about Dinwiddie’s fatal shooting.

“I became very enraged with anger and the suspect began to speak so I struck him with my pistol in the mouth area,” the report reads. “I did not strike him hard enough to cause him any visible marks however; I did enter his mouth with my pistol.”

Obregon is still employed with the Killeen Police Department. Former police Chief Dennis Baldwin declined to comment on the case.

“There is a court-issued gag order in place on this case, so we are limited on what can be released. However, it is customary for the police department to investigate all allegations of misconduct,” Baldwin said.

In the article, Thorp claimed he received the documentation from both Guy and a member of Guy’s family, who Thorp said had compiled all of the case files from Freedom of Information Act requests, and Guy’s attorney at the time.

The trial was put under a gag order Sept. 17, 2015, under which both the district attorney and defense were ordered by Gauntt’s court to not release information on the trial to the public.

Guy is currently represented by Carlos Garcia, of McAllen, who could not be reached for comment Monday. Guy has had three separate defense attorneys since his arrest.

Thorp said his investigation into the Guy case beginning in early 2015 led to friction with the Killeen Police Department — which alongside the city of Killeen indicated to the Herald in July that it would no longer cooperate with Thorp.

Baldwin, who was chief of police at the time of Guy’s arrest and is now interim city manager, denied Monday that Thorp’s investigation led to his effective blacklisting with the city and said Thorp had a history of interfering with police and city operations.

Because of this, the department opened an investigation into Thorp in June 2016.

According to an administrative review, Thorp was investigated after several verbal altercations with Killeen police officer Bradley Blenden in which Blenden accused Thorp of flouting designated media areas at crime scenes and putting himself in danger, and Thorp alleged Blenden had threatened to arrest him despite press privileges.

The investigation was ultimately closed and no charges were filed.

Hilary Shine, the public information officer with the city, said Thorp had also been reported multiple times by city employees for inappropriate behavior on the job.

“I received a number of complaints over the time he worked at KDH, all with similar concerns about not obeying restricted areas on scenes or speaking to staff in a rude, threatening or condescending manner,” Shine said.

The combined allegations of misbehavior led then-interim City Manager Ann Farris — on behalf of the city and Baldwin’s department — to inform the Herald that Thorp was persona non grata with city staff and police, and none of them were going to respond to questions from Thorp when he was reporting.

The Herald management then reassigned Thorp to another reporting area before his eventual resignation.

In the online article about Guy, Thorp said Guy, a black man, may not be receiving fair treatment in the public eye because of his race.

Thorp described the neighborhood where Guy resided as a “small-time war zone.”

“It was a violent area where he lived. ... It seems to me he had reason to be protective,” Thorp told the web writer. “He lived in a rough area you know.”

The road on which Guy lived — Circle M Drive — is a one-block section between Fort Hood Street and Old Farm-to-Market 440. In 2014, one other violent crime was reported — an assault with bodily injury.

According to several search warrants obtained by the Herald in July, Killeen police on May 9, 2014, were acting on information from a drug informant who told police Guy was in possession of an undisclosed amount of cocaine for distribution and sale, as well as a handgun. Guy was convicted of bank robbery in 1997, making it illegal for him to possess a handgun.

The Killeen Police Department still uses “no-knock” search warrants.

Guy is still being held in the Bell County Jail on $4.5 million bond.

Editor's note: A previous version of this story said KPD had ended the practice of "no-knock" search warrants. The police department can still use a "no-knock" search warrant when justified.

kyleb@kdhnews.com | 254-501-7567

(6) comments

Pharon Enochs

In my previous posting I used the word "ORDINARY" twice I believe rather than the word "CUSTOMARY", this , however, does not distract from the intent of my expressed opinions on this topic.

Pharon Enochs

In previous posting I mistakenly used the word 'ORDINARY" rather than the word "CUSTOMARY" twice I believe. This mistake does not change the intent of my opio

Alvin

This is my personal opinion of this matter.
@Pharon Enochs: I agree with his assessment. And my first question would be 'Why is he still awaiting trial after 2.5 years??? If he is to tried for something, I feel this police department should proceed with all due haste, don't let it linger and fester. People have a tendency when something is amiss, to try and find out what is going on and why.
Now as I am able to understand, and taking the Castle Doctrine into account, 'If the Castle Doctrine is to be the test case and the police was, without prior notice and using a search warrant, at 0530 hours, did cause the bedroom window to be broken, and apparently no one announced , this is the police, causing this individual to possibly think that it was an intruder and as such had sufficient justification to discharge this illegal weapon causing officer Dinwiddie killing this officer, plus two other officers who were injured'
No other subsequent 'No Knock' warrants have been served.
This case is shaping up to comparable to the multiple murders of servicemen a few years back. That case also drug out for years.
I repeat, I am saddened by the death of officer Dimwiddie, but in this case, two wrongs do not make a right.
I also do not feel that the officer was right in his treatment of this individual and should have dealt with accordingly.
Now as to this immediate case:
Copy: 'The documents have yet to be verified by any legal party involved in the case.' End of copy.
I ask 'why' have there been no legal documents verified?
But I do not feel it proper:
Copy: 'In the online article about Guy, Thorp said Guy, a black man, may not be receiving fair treatment in the public eye because of his race.' End of copy.
I do not feel it proper and correct to again 'pull the race card'. This has been used too many times in the past. Try this individual on the merits of the case and nothing else. But do go to trial, not drag it out for 2.5 years and counting.
One of the members of the voting public.

Pharon Enochs

This is my third attempt at posting. I am not sure as to why the postings keep disappearing. I certainly hope that none of the information supposedly leaked by Mr. Thorp is true but from the answers of the questions asked they certainly appear to me not to be transparent. It looked like an attempt to smear Thorp rather than answer the bigger question of misconduct by an officer. Baldwin's refusing to discuss the case is understandable but his statement police customarily conduct investigations about officer misconduct is confusing. Come on Baldwin you can do better than that you were the chief and once held the position of Lieutenant in Internal Affairs. The fact is an internal affairs investigation could and should have been started and completed way before the gag order was imposed. What you have done now in my opinion is leave people in the dark wondering if these allegations about officer are true or not, wondering if there is/or was a cover up and guessing what you mean by "ordinary" an investigation is conducted. This word ordinary leaves a lot open to interpretation. I think you have opened yourself up to a lot of open records requests. Hopefully if this happens someone will remember some folks at city hall have wanted the city staff to be more transparent. I hope the city does not again play games and put a gag on employees and only have the public information speak for the city also not try and hide from a proper open records request by delaying it by referral to the Attorney General Office for review. In fact if the information on the officer's conduct is true then it looks to be criminal conduct. The fact that he is still employed by KPD if the story is true certainly sounds like a giant cover up by more than one person and these persons would in all likely hood be in the higher portions in the chain of command. Some years back two officers were on their lunch break when they observed an assault take in the middle of the street. Two suspects were observed assaulting a motorist. The officers responded to the incident on foot and a foot pursuit took place. The two suspect split and ran in separate directions with the officers doing likewise each officer chasing a separate suspect. One of the officers was able to apprehend one of the suspects and was reported to be on top of the suspect choking him and asking the location of his buddy. Numerous officers arrived and took the suspect into custody and one officer transported the suspect to the jail The suspects were later found to be relatives and were involved in numerous gang and criminal activity. There was an outcry by several officers about the conduct of the officer choking the suspect. An internal investigation was opened then referred to the Criminal Investigation Division to conduct a criminal investigation on the involved officer. To make a long story short he was suspended without pay arrested and charged. A plea agreement was made with part of it being the officer surrender his police officer license which ended his police officer career. Without any other information about the incident with Mr. Guy and the officer and if true, it does appear to me to be as serious or perhaps more so than choking. I am sure those with interest could locate more information on the choking case from open records inquiries or speaking with the Acting Chief of Police as she may have information on this incident

txblubonnet

good for Mr Thorp

txblubonnet

go on with it Clay [beam]

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