BELL COUNTY, Texas — More details were revealed on Thursday, Nov. 9 as the trial of Marvin Guy continues. Guy's neighbor Joanna Humfleet testified she never heard officers announce 'police search warrant' when they performed a no-knock search warrant on Guy's apartment unit.
Guy is charged with capital murder for allegedly shooting and killing Killeen police detective Chuck Dinwiddie during the warrant operation on May 9, 2014.
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Humfleet lived in Unit A at 1104 Circle M Dr. in Killeen, the same complex Guy lived in, with her two daughters nearly nine years ago.
Humfleet and Guy were next-door neighbors and interacted many times before chaos took over on May 9, 2014.
Humfleet told the jury her alarm went off twice before she heard muffled shouting and then rapid fire around 5:40 a.m.
"I got freaked out," Humfleet said. "I screamed. I was crouched in front of my nightstand."
Humfleet said she immediately grabbed her phone to call 911.
While on the phone with operators, Humfleet said they told her to look out her bedroom window that overlooked the street.
Humfleet recalled seeing police cars and an ambulance pulling away.
"I was asking how they got here so fast," Humfleet said. She had no clue the officers in front of her complex were SWAT team members who had just performed a no-knock search warrant on Guy's apartment unit.
Minutes later, Humfleet said officers came to her back door, knocking and announcing their presence. She walked through her unit with officers, so they could see the layout.
Prosecutors then brought up Guy's car because allegedly Guy was dealing narcotics out of it.
Humfleet told the jury Guy's vehicle wasn't always parked in the parking lot.
"Sometimes it was parked on the back or side of the building," Humfleet said. "He said he didn't want his car to get damaged."
In cross-examination, the defense asked Humfleet about her written report. They brought up the muffled shouting she heard before shots were fired.
In the report, Humfleet wrote, "I couldn't make out what anyone was saying."
On the stand, Humfleet agreed with her previous report. She later told the jury, "I never heard 'police search warrant.'"
The defense asked Humfleet about the layout of her room and where she was that morning.
Humfleet says she was in the front bedroom with her bed closest to the window.
The defense said, "You did not know police were there when you called 911, and that is why you called."
Humfleet replied, "That is correct." She confirmed she never heard the words 'police search warrant' before gunfire erupted.
After the defense passed the witness, prosecutors brought up the condition of the neighborhood.
Humfleet says it was typical, but she testified to hearing faint gunshots in the neighborhood.
Prosecutors questioned Humfleet about the smell.
Humfleet says she would smell pot sometimes when walking around the neighborhood.
Assistant District Attorney Fred Burns asked Humfleet about Guy being outside frequently.
Humfleet said it wasn't anything unusual. She said Guy would hang out in the porch area and sometimes the parking lot, and would also talk to many people in the neighborhood.
Humfleet's daughter, Morgan Mixon, took the stand next. She was 18 at the time, getting ready to graduate at Ellison High School.
Mixon says she normally would wake up at 7 a.m. to get ready for school, but she was woken up early on May 9, 2014, by what she said was arguing and yelling.
Mixon told the jury she remembered hearing the word 'warrant' from the master bedroom in the backside of the unit but couldn't make out anything else.
Mixon said she heard four to seven shots go off from what she said was Guy's apartment unit.
"I haven't ever been in that environment," Mixon said. "It was pretty terrifying."
Prosecutors asked if the voices woke Mixon up, not the shooting. Mixon agreed.
In cross-examination, the defense brought up Mixon's interview reports.
In her first written report, the defense said Mixon wrote that what was said that morning was unclear. Then seconds later, she heard shots.
Mixon's second interview was recorded, and an officer typed up what Mixon was recalling. In this report, the defense says the only change was that the word 'warrant' was included.
The defense confirmed with Mixon that she never heard the word 'police', either when she woke up or when she heard gunshots.
Prosecutors fired back, asking Mixon if she introduced the word 'warrant' on her own in the second interview.
Mixon said she heard the word 'warrant' without a doubt.
Before Humfleet and Mixon took the stand, Dr. David Stahl with Baylor Scott & White testified. He was the orthopedic surgeon who removed a bullet from the left thigh of SWAT team member Otis Denton on May 9, 2014.
Stahl testified to the procedure of removing the bullet and the injuries Officer Denton suffered.
Dan Brown testified after Stahl. Brown was a circulating nurse on May 9, 2014, and was on the orthopedic surgery team.
Baylor Scott & White confirmed to the jury that the bullet was removed for evidentiary purposes and wasn't tampered with.
The trial will resume on Monday, Nov. 13 at 8:45 a.m. in the 27th Judicial District Court.
More testimony in the Marvin Guy trial: