Belton, TX (FOX 44) — Marvin Guy’s attorney’s asked for a mistrial Wednesday afternoon outside the presence of the jury in his capital murder trial in the death of Killeen Detective Charles Dinwiddie.
This happened after the court watched Guy’s first police interview on May 9, 2014 after the no-knock search warrant.
The defense asked for a mistrial because there was a segment played in front of the jury where Guy’s invoked his right for counsel for the interview to continue.
The defense said Guy’s statement created prejudice to the point where the jury looked at the state.
The state had different edited versions of Guy’s police interviews and played the wrong one.
In the interview the lead detective asked Guy for more information on his girlfriend Shirley Whittington when he invoked his rights.
Both sides were surprised to hear it played out loud after agreeing that part of the interview wouldn’t be shown.
Judge John Gauntt denied the defense’s motion and said he would ask the jury to disregard that portion of the video.
Guy constantly explained in his first interview how police never announced who they were during the no knock search warrant.
Guy says he grabbed his gun on instinct to shoot not knowing who was outside to protect himself.
In the beginning of his interview, Guy shared how Whittington came to his house the night before because they were arguing about their relationship.
Guy says he went to sleep around 3:30 in the morning to wake up to the sound of glass breaking.
He saw glass flying around so he immediately grabbed his gun to start shooting.
Guy thought it could have been kids in his neighborhood, he noticed two people recently checking out his apartment, he thought it could’ve been anyone in the neighborhood calling it an unsafe area where crime was common.
Thinking someone would come to harm him, Guy said he slept beside his two guns and always had his lazy-boy recliner on the front door at night and would move it in the morning.
Guy doesn’t remember what gun he used to shoot, how many rounds he shot or if he hit anyone outside.
Guy was shooting until he dropped his gun to run out the back door to see police telling him to get on the ground.
Guy wasn’t thinking about Shirley in the heat of the moment, but he did tell police Shirley had nothing to do with the entire situation.
Guy only mentioned Shirley was the one shooting when Killeen Swat team member Juan Obregón had a gun to his head threatening to kill him.
When detectives asked Guy to tell the complete truth on why he thought police were doing a raid on his home, Guy said he didn’t know.
Guy thought people were jealous of him or would lie to police so they could approach him.
Guy came from East Chicago, Indiana and says no knock search warrants weren’t a thing in his state.
A final statement Guy constantly repeated was how the entire situation would have never happened if police just announced their presence outside his apartment, he would’ve surrendered.
In the morning Texas DPS lab experts testified they found inconclusive finger prints from Guy and Shirley on Guys 9 millimeter handgun and magazine.
The experts explained how it’s hard to read fingerprints on hard textured surfaces like guns.
What experts did find was gun shot residue on Guy’s and Shirley’s hands — meaning they either fired a gun, were near gunfire, or touched A surface with gun particles.
Outside of today’s disagreements on the video being played, Guy’s additional police interviews will most likely be shown in court.