Belton, TX (FOX 44) – UPDATE: As of 2:10 p.m. Thursday, both sides in the trial have rested. Closing arguments will take place Monday. Marvin Guy’s defense called one witness and then rested.
The prosecution rested around 11 a.m. Thursday in the Capital Murder Trial of Marvin Guy. He is accused of shooting and killing Killeen Police Detective Charles ‘Chuck’ Dinwiddie while officers served a no-knock search warrant in May of 2014.
The defense is expected to begin their part of the trial in the afternoon. FOX 44’s Earl Stoudemire is in the courtroom and will be providing updates throughout the day and on FOX 44 News @ 5:30 p.m. and 6 p.m.
During testimony on Wednesday, prosecutors played videos and audio recordings of Guy. The defendant’s attorneys objected to the audio recordings being played, but the judge allowed it.
The state played phone calls Guy made in jail 22 months after the no-knock search warrant in May 2014.
In the recording, Guy felt police tampered with evidence to help in their case.
Guy was speaking with New York Times journalist Kevin Sacs in March 2016 when the audio recording were taken.
Guy also mentioned how he used his 45 caliber handgun to shoot outside the window, not his 9 mm.
Following up on these statements, the prosecution brought in forensic experts who could identify bullets and where they came from.
From the scene, they found bullets and shell casings from Guy’s 9 mm. and bullets from officers handguns and rifles.
Forensic experts also identified the bullet that hit Chuck Dinwiddie killing him came from the 9 mm handgun.
Killeen Detective Sharon Brink questioned guy for four hours with her partner before ending their third police interview.
Brink said it was more of an interrogation and Guy wasn’t giving new information.
Similar to the first interview, Guy constantly repeated how two guys were watching his apartment the night of the operation.
Guy repeated he didn’t hear police say search warrant, and would have not shot his gun knowing police were outside.
New things discussed in the third interview was how Guy did a perimeter search around his apartment around 2:30 A.M.
Guy mentioned a few times in the interview he had paranoia so he grabbed his guns from under his trash can, brought them inside and moved the chair to his front door.
Guy said he occasionally moved his chair when he didn’t feel safe and wanted extra protection.
When Detectives asked Guy why he didn’t call police. He said he knew how to protect himself.
Detectives also asked Guy why he had target practice paper in his living room.
Guy said he did go to the shooting range but didn’t share when he went.
Guy also didn’t admit to officers he had good accuracy.
In cross examination, Detective Sharon Brink told the defense she didn’t know what actually happened at the scene but only the protocol of what’s supposed to be done.
Brink did admit not every officer follows protocol but couldn’t take Guy’s words for truth.
KPD SWAT Team member Nathan McCowan spoke last on the witness stand Wednesday afternoon.
McCowan was at the end of the front entry team time to breach Guy’s home.
McCowan explained how he had concerns on the mission because the approach was complicated hitting Guy’s home and vehicle at the same time.
McCowan said there’s never a perfect mission, but they specifically train and work to take risks but they can’t stop when they happen to complete the mission.
McCowan says the vehicle entry team made first noise for officers to then announce police search warrant.
After the front entry team noticed the door was barricaded and called for secondary, McCowan was supposed to take lead heading to Guy’s back door.
When starting to move McCowan hear nearby gunfire from the bedroom window and saw a muzzle flash in the apartment.
McCowan fired six shots in said direction but stopped to avoid hitting his team members.
McCowan then saw SWAT team member Otis Dean on the ground then Detective Chuck Dinwiddie.
McCowan says he went to Dinwiddie laying with his back on the ground with a bullet wound in his cheek.
McCowan fell trying twice trying to drag Dinwiddie to safety tearing his knee.
After helping Dinwiddie get to safety, McCowan said he wasn’t in good physical condition.
Once McCowan went home he had Dinwiddie’s blood on the lower half of his uniform but his wife washed it before it was collected for evidence.
McCowan mentioned how Chuck was a bright person and never met a stranger.