BELL COUNTY, Texas — The ex-girlfriend of Marvin Guy, the man accused of shooting and killing a Killeen SWAT team leader during a no-knock narcotics warrant in 2014, took the stand on Monday, Nov. 13.
Shirley Whittington met Guy in 2011 at a gym in Killeen. The two dated for about two-and-a-half years.
"I was trying to fix Marvin up," Whittington said. "That was my agenda."
Though it was difficult for her to recall what happened during the warrant nine years ago, Whittington told the jury in the beginning of her testimony that she does remember one thing: being beaten by police during the warrant, she claimed.
"It was a nightmare for me," she told the jury.
Whittington said on the morning of May 9, 2014, she was sleeping in a separate bedroom. She said she woke up to loud popping noises in the back bedroom and initially thought it was fireworks.
"It startled me enough that I rolled out of my bed," Whittington said.
Whittington said she ran to the closet.
"I started praying," Whittington said. "I was calling Jesus. I didn't know what it was."
Shortly after, she overheard a voice asking if there was anybody inside the residence.
While exiting the unit, Whittington noticed a reclining chair was barricaded against the wall.
She told the jury this was out of the norm. She had never seen Guy put up a chair like that.
When Whittington exited the residence, she was tackled by an officer with what she says was an excessive use of force. She had to have spinal surgery following the encounter, and she was left with fractured ribs and a bruised face, she told the jury. She added that she still feels pain to this day.
Prosecutors asked if she ever saw Guy with a gun and she said no; she didn't ever go through his stuff.
They asked about whether or not he talked to people in the neighborhood and Whittington said yes, but she never wanted to get into his conversations.
Prosecutors also asked if she knew why her DNA was found on a 9 mm gun that was found in Guy's room. She said it couldn't have been hers.
Prosecutors also asked if she knew about a plate of cocaine residue in the back of her red car, to which she said she had no idea about it.
She says she never shot police and never shot a gun.
John Moseley took the stand next.
Moseley was a case agent with the Bell County Organized Crime Unit (BOCU). He was the person overseeing the investigation. He also prepared the narcotic search warrant for Guy on May 9, 2014.
In this case, a confidential informant was used to develop probable cause to get a warrant. A confidential informant was paid by police for the information that they gave to them.
Moseley testified there were three purchases with Guy and the confidential informant: April 25, April 29 and May 6.
All three times, a gram of cocaine was purchased and brought back to investigators.
This is why the search warrant was executed, Moseley told the jury.
The jury was then presented with a gallery of photos including Whittington's car, Guy's car, inside of the unit and outside trash cans.
In Guy's car, one of the things found was a shoebox in the trunk. In it was a digital scale, spoons and a mixing bowl with white residue.
In Whittington's car, a red plate was found in the trunk with white residue.
In the front trash can, an ammunition box was found along with white residue on packaging materials and vacuum seal bags.
In the kitchen drawer, small pouches with designs were found along with latex gloves.
Inside of the dryer, more small pouches were found. A marijuana grinder was found on top.
In the back trash can, an Equate bottle was found. Moseley says there was a plastic bag inside with white power. A picture of a jar with marijuana residue was also shown to the jury.
In cross-examination, the defense brought up how trash cans are accessible to anyone.
The defense questioned the witness about the testing of the white residue by Moseley, saying it was just a presumptive test.
But James Milam, a forensic scientist with the Texas Department of Public Safety in 2014, confirmed the residue contained cocaine.
Trial starts back up again at 8:45 a.m. on Tuesday, Nov. 14.
6 News will be in the courtroom with the latest updates.
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