BELL COUNTY, Texas — On Tuesday, Nov. 14, prosecutors admitted video evidence of interviews with Marvin Guy as he recalled what happened on the morning of the shooting.
Guy is charged with capital murder for allegedly shooting and killing Killeen police detective Chuck Dinwiddie during a no-knock search warrant operation on May 9, 2014.
In the interview clips, Guy told investigators he thought someone was breaking into his home.
Guy says he woke up to his windows being broken and glass flying, so he grabbed his gun and started firing.
"I was trying to protect myself," Guy said.
In the interview, Guy explained he never would have grabbed a gun if he knew police were at this front door.
Guy used to live in East Chicago and explained how loud police would announce.
"They don't just bust in," Guy said. "I thought someone was trying to kill me. I wish I knew the protocol here. They should have used a loud speaker."
He then explained how he always slept with his guns because he was paranoid someone was going to break in. Guy says he thought someone had been watching his apartment, so he went to bed that night thinking something would happen.
"I would have never grabbed a gun if I knew it was police," Guy said. "It was a reaction. Honest to God, if they would have announced Killeen Police Department, none of this would have ever happened."
Guy says after firing shots, he dropped his gun, ran out of the room and was met by SWAT team members in the back. He says officers were screaming and cursing at him, telling him they were going to kill him, so he was scared.
"I had a gun on my head," Guy said.
Guy admitted to lying about his girlfriend firing the shots.
"Everything was me," Guy told investigators. "Shirley had nothing to do with it."
Guy told investigators many times that he would never hurt an officer or anyone. He says he just wanted to protect himself, and that's the truth.
"I will go to my grave with this, I didn't know it was police," Guy said.
About halfway through the interview, Guy invoked his right to an attorney and the defense and state originally agreed to have that portion taken out.
However, the state said the wrong video was played for the jury, despite having multiple edited versions of it.
The defense argued Guy's statement created prejudice for members of the jury because they immediately looked at prosecutors when it was played and made faces.
This ordeal prompted the defense to ask for a mistrial outside the presence of the jury.
However, Judge John Gauntt denied the motion.
Medical examiners from the Texas Department of Public Safety Crime Lab also provided testimony for the jury.
They testified that they found guy and his girlfriend had gunshot residue on them, which meant they either fired a gun, were near one when it was fired or touched a surface with residue.
The trial is set to resume on Wednesday at 8:45 a.m.