BELL COUNTY, Texas — After nine years of delays, the trial of Marvin Guy kicked off in the 27th Judicial District Court on the morning of Monday, Nov. 6, 2023.
Guy is charged with capital murder for allegedly shooting and killing Killeen police detective Chuck Dinwiddie during a no-knock search warrant on May 9, 2014.
Guy has pled not guilty to intentionally killing Dinwiddie.
In opening statements, Assistant District Attorney Fred Burns told the jury that Guy knew police were coming in, and that he deliberately barricaded himself inside his home and knew where to point the gun.
Guy's defense attorney, Jon Evans, told jurors that opening statements are not evidence.
Evans explained to them that mistakes were made by the Killeen Police Department. He argued there was not enough light for Guy to see what was happening so early in the morning.
"They’ll try to make everything Marvin Guy did seem sinister,” Evans told jurors. He then went on to say, "Tragedy does not equal a guilty verdict."
Jurors heard from multiple witness who worked with the Killeen Police Department. Some drove by the scene, others were blocking the ends of the street while the warrant was being conducted.
The jury learned in testimony that Killeen Police did not have body cameras in 2014. They primarily utilized dash camera footage on their vehicles.
The last witness called to the stand, David Daniels, was filled with emotion, as he was shot in the head and hip during the serving of the warrant. Daniels says without his helmet, the bullet would have killed him.
Daniels recalled the moments leading up to the no-knock search warrant and was reportedly right by Dinwiddie's side through it all.
Daniels retired in 2019 from the Killen Police Department and became a SWAT officer in 2010 after rigorous training. Daniels told the jury he went on nearly 30 missions.
Daniels described what a no-knock warrant is. He explained how there's a breach and approach. That way the target will be caught by surprise and won't be able to destroy evidence or get a weapon.
"Most of the time it works," Daniels said.
Daniels explained how their team did a briefing on Guy before the search, which was reportedly based on narcotics, was conducted.
The SWAT team reportedly had a plan to do a vehicle assault, rear entry and window break-in.
Daniels says he was told in the briefing that Guy was "always armed" which made him a high risk.
Daniels then traced the jury through what happened on the morning of May 9, 2014.
A detective first hit the front door. The door came back immediately.
"It should fly open," Daniels explained.
The door was hit a second time, but the team still wasn't able to enter. Daniels told jurors there was something blocking the door.
Daniels recalled yelling, along with Dinwiddie, "Police search warrant" multiple times.
Daniels also says you could see their uniforms clear as day because of a light up top.
"It's an uh-oh moment," Daniels said. "The element of surprise is gone."
The team still had no luck. The door was hit one more time.
That's when things took a terrible turn. Daniels recalled a first shot going off from Guy's bedroom window.
Daniels says he saw two muzzle flames, then things went blank for him.
"There was a violent strike to my head," Daniels said. "I don't really remember. I was dazed and out of it."
The SWAT officer did remember sitting outside by Guy's living room window. He saw some light and a loveseat blocking the door.
While the chaos was unfolding, Daniels said he had one thought running through his head.
"I thought I was going to get shot again," Daniels said.
Daniels said he heard a couple of more shots, looked inside the window, saw a figure inside and told jurors he figured it was Marvin Guy.
"I thought he was coming to finish me off," Daniels said.
Daniels said he fired two shots, then stopped, worrying that he might hit someone from his team.
Moments later, Daniels heard another officer scream in pain as he was struck in the leg.
"I never heard him yell like that before," Daniels said.
The defense will get the chance to cross examine Daniels on Tuesday, Nov. 7, at 9 a.m. at the Bell County Justice Center.
Testimony is expected to wrap up on Nov. 21.
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