BELL COUNTY, Texas — Intense testimony continued on Wednesday, Nov. 8 in the trial of Marvin Guy. Guy is charged with capital murder for allegedly shooting and killing Killeen police detective Chuck Dinwiddie during a no-knock search warrant in 2014.
Juan Obregon was a SWAT team member on the team that conducted the warrant and told jurors he struck Guy and put his pistol in Guy's mouth because he was angry Dinwiddie was shot.
Obregon was the secondary entry point breacher for the back of Guy's residence during the operation. He said he started hearing gunshots and told jurors he moved to the ground quickly.
After shots were fired, Obregon said he was met at the back door by Guy with his hands up in the air.
Obregon testified that Guy yelled, "It wasn't me, it was her," referring to his girlfriend, Shirley Whittington.
After a SWAT team member put Guy in handcuffs, Obregon told jurors he took control of Guy.
Obregon says he told Guy, "If you move, I'm going to f****** kill you." Shortly after, he heard on his radio Dinwiddie was shot.
Obregon started getting emotional on the stand, telling the courtroom he became angry. Obregon testified he struck Guy in the face with his pistol and then put it in Guy's mouth.
"I knew what I did was wrong," Obregon testified. He told jurors that's why he put it in his report.
Other team members pulled Obregon off Guy. Obregon said it was because he lost his control.
Obregon told the jury he was shot and injured in another SWAT operation just 10 months prior to the incident at Guy's home.
"Some stuff happened that I hadn’t dealt with well enough to come back,” Obregon said.
Obregon was punished with a 61-day suspension without pay. He then removed himself from the SWAT team.
In cross-examination, Guy’s defense attorney, Jon Evans, asked about Obregon's offense report describing the briefing of the operation.
Dinwiddie was in charge of the operation and Obregon says officers were not paying attention.
“There was a lot of talking, and it was disrespectful,” Obregon said.
Evans asked Obregon about trying to refocus everyone. Obregon testified he was unsuccessful.
"They continued to be disrespectful to Chuck and to the mission itself," Evans said.
Obregon agreed.
Evans asked whether or not Obregon disagreed with the operation because it was called off a few times beforehand.
Obregon told jurors he would have liked to know more because they had very limited information on the warrant. The team reportedly knew the warrant was based on Guy allegedly selling narcotics.
Obregon also told jurors that while they were performing the no-knock search warrant, another target address was going to happen next door.
"Weren't you worried about distraction?" Evans asked.
"We are trained professionals," Obregon replied.
Prosecutors came back asking Obregon if this was a rehearsed operation.
Obregon confirmed that it was and said that in practices, "Nothing was sloppy, we put on our game faces and went to work."
At the end of his testimony, Obregon described Dinwiddie as a top-notch detective.
"He was always on time," Obregon said. "Always early. Everything was on point."
"Did you trust him?" prosecutors asked.
"With my life," Obregon answered.
Brandon Smith took the stand next. He joined the Killen SWAT team in 2010 and performed hundreds of missions. He was on the rear team during the operation.
Smith testified to putting handcuffs on Guy after the gunfire stopped. He also testified to Guy yelling that his girlfriend fired the gun.
In cross-examination, the defense brought up how in Smith's report, he never mentioned announcing "police search warrant".
Smith came back saying he and many other members were yelling it at the "top of their lungs."
Prosecutors then confirmed with Smith that announcing "police search warrant" is automatic and part of training.
"Just because you didn't write it, doesn't mean it didn't happen," Assistant District Attorney Fred Burns said.
Adam Wilt took the stand after Smith. He joined the SWAT team in 2009 alongside David Daniels, who testified on Nov. 7.
Wilt carried the shield and was part of the entry team. He led the team to the front door and would have been the first person to enter the residence.
Wilt said he recalled the door being hit three times before gunfire erupted.
Wilt said he had no idea who started the gunfire, but moments later, he saw movement from the window.
"It looked like a male," Wilt said.
Wilt testified he fired a shot but stopped once he lost the shadow. He told jurors that, in the briefing, officers were told there was a girlfriend at the complex.
Wilt said he then saw medics working on Otis Denton, a team member who was shot. He said he also saw Dinwiddie and said his situation was urgent.
While the officers were being transported to get help, Wilt says a woman came out with her hands up.
"I recalled her laughing at one point," Wilt told jury members.
Wilt said he had conflicting information on who fired the shots after listening to the radio traffic, so he tackled the woman and took her to the ground.
The woman was later taken into custody.
In cross-examination, the defense brought up how Wilt's report didn't mention other officers announcing their presence.
"I reported what I did," Wilt said. "Not what other people did."
Wilt also recalled seeing a number of furniture items stacked up behind the door.
"Someone expected us to be right there," Wilt said.
Once Wilt got off the stand, the trial started to heat up outside the presence of the jury.
Prosecutors made a motion to admit posters showing drug paraphernalia found in Guy's home. The state says this is important for jurors to see because Guy's search warrant was based on narcotics.
The judge admitted this evidence.
Prosecutors later tried admitting evidence of a target practice drawing that was found behind Guy's couch in the living room.
The defense objected calling it prejudicial.
The state says it's crucial for the jury to see because it shows intent that this was planned and that Guy had accuracy.
The judge did not admit this evidence.
Testimony will continue on Thursday, Nov. 8 in the 27th Judicial District Court.
6 News will be in the courtroom providing updates as the trial continues.
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