TIME LINE and DATA Stay tuned for Updates to this post Court-appointed defense Attorney, Mike White, currently represents Marvin Guy, who reportedly has a younger half-brother, Garrett Galloway... 27th District Court Judge John Gauntt excepted Not Guilty Plea presented by Bell County District Attorney Henry Garza July 10, 2014 arraignment Story is being reported on by, contact, the following: Bias Unknown - Chris McGuinness at chrism@kdhnews or (254) 501-7568. Follow him on Twitter at ChrismKDH Bias Unknown - Natalie Stewart at nstewart@kdhnews or 254-501-7555 Pro Death Penalty - Rachael Riley at rriley@kdhnews or 254-501-7553 The Opposition : Before bullets started to fly in a May 9 shootout between Killeen police and a suspect accused of capital murder, officers announced themselves upon gaining entry into the apartment with a “no-knock” warrant, according to an arrest affidavit obtained Thursday by the Herald. Marvin Louis Guy, 49, was indicted on a charge of capital murder Wednesday by a Bell County grand jury in the death of Killeen Police Detective Charles “Chuck” Dinwiddie. Guy also is charged with three counts of attempted capital murder. He pleaded not guilty to the attempted capital murder charges June 5. Natalie Stewart / Kdnews; Killeen Daily Herald staff The Proponant : Garza made the announcement in court, telling 27th District Judge John Gauntt that his office would seek the most severe punishment for Marvin Louis Guy, 49, of Killeen. Guy is accused of firing on Killeen SWAT officers who were attempting to serve a “no-knock” narcotics warrant at his Killeen apartment May 9. According to police reports, Guy fired from inside the home, hitting four officers. One of those officers, Detective Charles “Chuck” Dinwiddie, was hit in the face. He died two days later. “We will seek the death penalty in this particular case,” Garza said. Guy was charged with capital murder in connection with Dinwiddie’s death. He also was charged with three counts of attempted capital murder because he fired on the other officers during the shootout, wounding one. Body armor protected two other officers who were hit. Garza’s announcement came one day after Gov. Rick Perry presented Dinwiddie’s family with the Star of Texas award. The awards are given each year to police and other first responders killed or injured in the line of duty. During Wednesday’s court proceeding, Waco-based lawyer Russell Hunt Sr., a member of Guy’s defense team, presented Gauntt with a motion to withdraw from the case. Hunt said the motion was filed because Guy wasn’t satisfied with his firm’s representation of his case. “Basically, it says he’s lost confidence in me,” Hunt said. “He thinks I am somehow prejudiced against him.” Gauntt denied the motion, which didn’t appear to mention Temple attorney Mike White, who also is a member of Guy’s defense team. Another lawyer from Hunt’s firm, Michelle Simpson Tuegel, patted Guy on the shoulder before he was led out of the courtroom. “We are here to help,” she said. Guy remains in Bell County Jail on a $4.5 million bond... The online petition, started by Brandy Cooper of Rochester, N.Y., had 87 signatures as of Monday afternoon. The petition argues Guy was acting in self-defense when he fired on officers, possibly mistaking them for intruders. An arrest affidavit from the Killeen Police Department stated officers announced themselves before entering Guy’s apartment. “Unfortunately, Officer Dinwiddie died from his injuries,” the petition reads. “But that doesn’t change that Guy was acting in what he believed was self-defense.” Cooper, a 32-year-old undergraduate student looking to study law, said she started the petition after reading about Guy’s case online. “I wanted to bring more attention to it,” she said. The May 9 shooting sparked heated debate across the county on online blogs and chat forums about the controversial use of “no-knock” police raids, and Texas’ self-defense and use-of-force laws. Local attorney Jeffrey Parker, who does not represent Guy, said when it comes to Texas law, the criteria for justifiable deadly force is complex. The May 9 shooting sparked heated debate across the county on online blogs and chat forums about the controversial use of “no-knock” police raids, and Texas’ self-defense and use-of-force laws. Local attorney Jeffrey Parker, who does not represent Guy, said when it comes to Texas law, the criteria for justifiable deadly force is complex. “The law states: ‘A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force,” Parker wrote in an email to the Herald. “The statute then lists several examples of when self-defense is allowed, and several examples of when self-defense is not allowed. Case law, naturally, also creates tons of exceptions and additions.” “The law states: ‘A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force,” Parker wrote in an email to the Herald. “The statute then lists several examples of when self-defense is allowed, and several examples of when self-defense is not allowed. Case law, naturally, also creates tons of exceptions and additions.” The petition points to the case of Henry Magee, who shot and killed a Burleson County deputy during a police raid at his rural home in December. Magee was charged with capital murder, but a Texas grand jury chose not to indict him on the charge in February. “It is always a tragic, unfortunate event when anyone loses their lives, especially in the line of duty,” the petition stated. “But how can we essentially say that one person was defending themselves and another was committing murder, under such similar circumstances?” Henry Garza, Bell County district attorney, said his office had not received the petition. Garza said the charges against Guy were brought after a careful and thorough review of the evidence. “Decisions of this nature are made upon the facts and evidence in our possession,” Garza said. “I have reviewed all those facts and evidence in the determination to take action to seek the death penalty in this case.” The petition points to the case of Henry Magee, who shot and killed a Burleson County deputy during a police raid at his rural home in December. Magee was charged with capital murder, but a Texas grand jury chose not to indict him on the charge in February. - Chris McGuinness
Posted on: Tue, 23 Sep 2014 17:10:18 +0000
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