Waco, TX (FOX 44) — Seven SWAT members who did the no-knock raid on Marvin Guy’s apartment testified Tuesday on day two of Marvin Guy’s capital murder trial.
Each KPD SWAT member shared their experience of what happened early on May 7, 2014, ending in the death of Killeen Detective Charles Dinwiddie.
They got to work at 4 a.m. that day, had a debrief meeting and then made it to Guy’s apartment near 5:40 a.m.
When everyone was in their positions, some of the officers testified they heard the window-breaking team make the first noise and vice versa. Many of the officers testified they shouted “police search warrant” when trying to enter the apartment.
When trying to enter the apartment, some of the officers at the front door say they heard gunfire from the bedroom area but couldn’t see it. The entry swat team members’ answers also varied on when they heard the first shot.
The window-breaking team for the bedroom testified they saw and heard the muzzle flash of a gun and sparks after hitting the window once, but nothing else for a weapon.
Officer Otis Denton testified this afternoon, being beside Detective Dinwiddie in this operation. Denton was shot three times in his lower body to fall and take cover; that’s when he saw Dinwiddie lying with his back on the ground.
Denton went to the hospital with other officers from this operation but didn’t see a figure when shooting.
SWAT team member David Daniels testified how he saw a shadow of a man moving in the shadows but couldn’t definitively tell if it was Marvin Guy.
SWAT team member Xavier Clark testified that, once he broke the window, he saw a large figure shooting their weapon, then standing before Clark moved away.
SWAT team member Steven Kirk was near Clark to breach the apartment windows. Kirk went to help the back entry team cover their access point during the shooting to prevent anyone from escaping. Three minutes after the shooting, Kirk saw Marvin Guy coming out the apartment’s back door.
In the overall operation, the prosecution and defense cross-examined each officer to highlight different aspects of the situation to inform the jury.
The defense brought up how one SWAT team member accidentally dropped his flash grenade outside, causing a disorienting effect when the shootout occurred. The defense also emphasized how the SWAT team members didn’t see an armed person in the house when shooting, they officers only saw figures.
Offense reports for some of the SWAT team members were also called into question. Some of the reports were made days and even weeks after the operation.
The defense pointed out how some operation details discussed in court weren’t listed in the reports originally made.
On the prosecution’s end, they emphasized how many of the SWAT team members heard, and some even saw, gunfire come from Guy’s bedroom window.
The SWAT team members are certain they didn’t shoot the first shot because they know the sound of their weapons. Each SWAT team member did say they could see clearly without the night vision goggles on their helmets.
Sound was emphasized by the prosecution as well for each officer, saying they were announcing their presence.
The impact of what happened to Charles Dinwiddie was also emphasized.
SWAT team members say there was a bullet wound in his right cheek, and he was unresponsive during the shootout.
One SWAT team member recounted how he ripped Dinwiddie’s gear off to give him CPR to gain a pulse.
One thing each of the officers did say at the end of their testimonies is that they all felt like they were ambushed and emotionally shared their thoughts seeing Dinwiddie in a bad state.