Belton, TX (FOX 44) — Witnesses provided a new angle in court on Wednesday when Killeen SWAT members did their no knock warrant on Marvin Guy’s apartment back on May 9, 2014.
Killeen Detective Charles Dinwiddie died in this operation and Marvin Guy is on trial now for capital murder.
The back entry team at Guy’s apartment shared a completely different experience of what happened during the no knock warrant, and former KPD SWAT team member Juan Obregón owned up to problems he caused in the mission.
Obregón was assigned to the back entry team with two other SWAT team members who saw Guy leave the apartment with his hands up minutes after the shooting ended.
The SWAT team members say Guy was unarmed and constantly said his girlfriend, Shirley Whittington, was the one shooting.
After Guy was arrested and handcuffed, Obregón told the jury he had his knee on Guys back threatening him with profane language saying that if he moved — he’d kill him.
Once Obregón heard Detective Dinwiddie was hurt – Obregón immediately got angry.
Obregón turned Guy around and started to hit him in the head with his pistol and put the gun in his mouth.
Officers had to pull Obregón off of Guy to be taken into custody.
Obregón told the prosecution he knew what he did was wrong in this situation and expressed remorse while telling this story to the courtroom.
Obregón reported in detail what happened in his offense report and received a 61 day suspension without pay because of his actions.
Once back at work for the Killeen Police Department, Obregón decided to not return to the SWAT team.
With the prosecution, Obregón explained he lost control in the situation because he didn’t process being shot in a prior SWAT operation 10 months before the no knock warrant was done on Guy’s apartment.
In retrospect, Obregón didn’t think he needed to be back on the SWAT team so soon.
With the defense, Obregón spoke more on the problems he caused in the operation, but explained how some things in the overall operation could have been handled better.
Before the no-knock warrant happened, Obregón felt his team members should have been more focused in the debrief meeting.
Obregón explained to the defense how he felt some officers weren’t paying attention in the meeting and mentioned how the operation got called off for two weeks.
During the mission, Obregón also brought up concerns of the Bell County Organized Crime Unit doing their search warrant on the second floor of Guy’s apartment building after KPD SWAT was supposed to done with theirs.
With the prosecution, Obregón did confirm they did a rehearsal run through before going to Guy’s apartment and each of his team members are experienced in their duties.
Beyond everything Obregón testified, he did agree with the prosecution on that fact that someone did shoot at an officer.
KPD SWAT team member Brandon Smith spoke next on the witness stand.
Smith was apart of the back entry team to break Guy’s window.
Smith says he put cuffs on Guy when Guy left the house with his hands up.
After Guy was handcuffed, Smith handed Guy over to Obregón.
Smith says he didn’t see the incident unfold but moved Guy away to Obregón with orders to put paper on Guy’s hands to collect gun shot residue.
In cross examination, the defense brought up how Smith didn’t include announcing police presence in his offense report.
Smith says it should have been noted, but explained to the court the practice of announcing police presence is a common thing the SWAT team always does.
SWAT team member, Adam Wilt, took next to the witness stand.
Wilt was at the front of the front entry team when trying to barricade into Guy’s apartment.
Once shooting started, Wilt says he saw a large male figure moving in the apartment and returned a round in that direction.
Wilt only shot one bullet remembering how there was a female, Guy’s girlfriend, who stayed in the building.
After Wilt stopped shooting, he called for medical support seeing Dinwiddie’s dire condition.
Wilt said the next thing that happened was he saw a woman coming out of Guy’s front door with her hands up.
Wilt remembered the woman was laughing when she came outside as officers told her to walk towards them.
After the woman stopped moving, Wilt tackled her previously hearing on his radio that she possibly was the shooter.
The woman was then taken into custody.
In the end, Wilt felt like it was an ambush and mentioned how when he entered Guy’s living room there was a lot of furniture near his front door.
In opposition, the defense showed the layout of Guy’s living room showing a wooden chair and recliner near the door.
The recliner was on the ground with wall dust on its frame.
In the afternoon, the state wanted to get two pieces of evidence admitted into court.
One was a picture of Guy’s hallway with pictures of Malcolm X and drug paraphernalia.
The defense objected to this saying it was prejudicial, but Guy wanted it shown.
The second piece of evidence was a target practice drawing behind Guy’s couch
The state wanted to get this admitted saying it showed Guy’s intent, preparation, and plan to kill.
The defense objected saying it was prejudicial having no tie to the case.
The judge didn’t allow this piece of evidence into court ending the day.