Marvin Guy
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Marvin Guy (October 27, 1964 - ) The case of Marvin Louis Guy is Bell County's longest unresolved capital murder case. [1] [2] In 2014 when Killeen, Texas police used a no-knock warrant to conduct a drug raid of Guy’s apartment, gunfire erupted and a police detective subsequently died. Guy has been in prison since that time awaiting trial, his case having been repeatedly postponed. [2][3]
No-Knock drug raid[edit]
Police believed Guy was in possession of cocaine and asked a judge to sign a no-knock warrant to search his apartment. The Warrant stated "The informant has reported that Guy is frequently armed with a handgun."[4] Around 5:45 a.m. on May 9th 2014, a SWAT team ignited a flash-bang grenade, broke Guy's bedroom window and used a battering ram on his front door. [5][6]
Gunfire erupted and four Killeen police officers were wounded.[7] Detective Charles "Chuck" Dinwiddie died of his injuries two days later on May 11, 2014. Dinwiddie was the SWAT team leader and had directed the raid on Guy’s apartment.[8]
Police said Guy shot the officers.[5] Guy said he believed someone was trying to break in and began shooting.[4] The search turned up an “orange glass pipe,” but no drugs.[6]
Killeen police banned no-knock warrants in drug case in 2022. [7]
Capital murder charges[edit]
The district attorney charged Marvin Guy with capital murder in Dinwiddie's death and attempted capital murder for wounding of three other officers. At the time of the incident Bell County prosecutors sought the death penalty for Guy.
The Washington Post reported that Guy claims he is innocent and he said police accidentally shot detective Dinwiddie, not him.
In September 2022, four months after The Washington Post’s “Broken Doors” podcast about Marvin Guy's case, prosecutors reversed course and dropped their pursuit of the death penalty. Guy believed The Post’s podcast, plus pressure from local politicians and others, led to the death penalty being taken off the table.[5]
Delays[edit]
Going to trial has been delayed due to several factors, including Guy's health, COVID-19 and defense attorneys claiming the DA's office has not released all the evidence.[9] A succession of defense attorneys and many legal motions have also contributed to delays.[1] Several defense lawyers have been fired or quit. Marvin Guy had two defense attorneys, Michael White and Russell Hunt, before Carlos Garcia, took the role in September 2015. In 2021 Guy's family was in the process of hiring another attorney.
In 2019, Guy sought a medical continuance because he needed back surgery for a degenerative condition. Also, in 2021 COVID-19 precautions delayed every jury trial in Bell County's district courts. [8]
In December 2021, Guy's defense attorneys debated over evidence and trial dates with Assistant District Attorney Fred Burns and Judge John Gauntt. Joseph Caleb, the defense attorney, requested Marvin Guy's jail phone calls and the medical examiners file. Defense attorney Mike Ware argued "We don't have the entire medical examiner's file, including photos." Judge Gauntt ordered that the medical examiner's file, including photos be produced.[2][1]
By the end of 2021 trial dates had been set and reset multiple times.[1]
The state sought an earlier trial date in April 2023. Assistant District Attorney Fred Burns, the prosecutor, made a motion asking for a visiting judge to try the case, arguing that there were dozens of cases set for a jury trial in the 27th Judicial District Court. Judge John Gauntt denied the motion.[2] Subsequently, the trial date was set for October 30, 2023.[9]
Controversy[edit]
Marvin Guy's case garnered national attention when it was covered by Mother Jones magazine, which compared it to a remarkably similar no-knock raid. Five months earlier, 100 miles away, a SWAT officer was shot during a no-knock raid on another house. In that case, police also threw a flash-bang grenade and tried to enter a residence in the predawn hours. The resident, Henry "Hank" Magee, fired his semi-automatic .308 rifle killing one of the officers.
Mother Jones pointed out differences in the cases. Magee is white and Marvin Guy is black. Magee was found to have acted in self-defense and Guy was charged with capital murder. Both Guy and Magee had prior records. However, only Magee was found with drugs. [6]
Bell County community activist have held protest and demanded justice for Marvin Guy. In October 2020, protesters, including members of a central Texas gun club, said Marvin Guy had a right to protect his home and objected to his years long wait for a trial.[10] The following January members of the Elmer Geronimo Pratt Pistol and Rifle Club held an event in Killeen. They gathered for a community patrol and circulated petitions including one seeking justice for Marvin Guy. [11]
References[edit]
- ↑ 1.0 1.1 1.2 1.3 "In Marvin Guy Case, Attorneys Squabble Over Evidence, Trial Date". Bell County Herald. Killeen, Texas. December 17, 2021. Retrieved March 1, 2022.
- ↑ 2.0 2.1 2.2 2.3 Hilley-Sierzchula, Emily (May 4, 2023). "Local district court judge will continue to hear Marvin Guy case, new trial date to be set". Killeen Daily Herald. Killeen, Texas. Retrieved May 30, 2023.
- ↑ "It's been 9 years, and no trial, for Marvin Guy". Killeen Daily Herald. Killeen, Texas. May 9, 2023. Retrieved May 28, 2023.
- ↑ 4.0 4.1 Bradshaw, Nick; Hooker, Trenton (January 9, 2023). "Murder or Self-Defense? Killeen man accused of shooting police officer". KXXV 25. Waco, Texas.
- ↑ 5.0 5.1 5.2 Dungca, Nicole; Abelson, Jenn (September 26, 2022). "Death penalty dropped for man charged in botched no-knock raid". Washington Post. Retrieved May 29, 2023.
- ↑ 6.0 6.1 6.2 Bauer, Shane (October 21, 2014). "Two SWAT Raids. Two Officers Dead. One Defendant Is Black, One White. Guess What Happened". Mother Jones. Retrieved May 30, 2023.
- ↑ 7.0 7.1 Crown, Rosemond (October 15, 2020). "Family of man accused of killing local officer during raid wants trial moved". KWTX 10. Waco, TX. Retrieved March 1, 2022.
- ↑ 8.0 8.1 Hilley-Sierzchula, Emily (March 5, 2021). "Accused of killing Killeen detective, Marvin Guy wants a new defense lawyer, says brother". Killeen Daily Herald. Killeen, TX. Retrieved March 1, 2022.
- ↑ 9.0 9.1 "It's been 9 years, and no trial, for Marvin Guy". Killeen Daily Herald. Killeen, Texas. May 9, 2023. Retrieved May 28, 2023.
- ↑ Johnson, Cole (October 27, 2020). "Small protest for Marvin Guy held outside Bell County Justice Center". KCEN-TV. Retrieved June 27, 2023.
- ↑ King, Hunter (March 5, 2021). "Killeen residents and Austin gun club came together to promote justice for Marvin Guy". Killeen Daily Herald. Killeen, TX. Retrieved January 23, 2021.
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