Belton, TX (FOX 44) — We’re in day five of Marvin Guy’s capital murder trial in the death of Killeen detective Charles Dinwiddie.
Guy’s former girlfriend, Shirley Whittington, provided testimony Wednesday on what she experienced during the no knock warrant inside Guy’s apartment back on May 9, 2014.
Whittington has never discussed her story with the prosecution or defense up until this point.
Whittington told the prosecution she doesn’t remember much of what happened during the no-knock warrant or specific details.
The main thing she remembered and told the court was that police beat her up resulting in fractured ribs, and bruises.
Whittington emphasized she’s still in pain from that day having to get surgery on her spine.
Before May 9, 2014, Whittington says Guy came to her house on May 8 in the evening wanting to talk about the end of their relationship.
Whittington says they met at the gym back in 2011 and had a romantic relationship for two and a half years.
Not seeing each other three weeks previous, Whittington decided to go to Guy’s apartment to spend the night and ended up arguing until 2 – 3 A.M.
Whittington then went to sleep to wake up to rapid loud popping nearby.
Whittington says she didn’t know it was gunfire and didn’t hear the words “police search warrant”.
Whittington ran to the closet in Guy’s back apartment bedroom where she stayed until hearing someone asking for anyone inside to come out.
Whittington says she came out and officers tackled her.
Whittington explained to the jury she saw the chair against Guy’s front door never seeing it there before and scooted it to go outside.
With the prosecution, Whittington wasn’t sure why her DNA was on Guy’s 9 mm handgun saying she didn’t mess with guns.
Shirley also told the prosecution she had no knowledge of a plate in her car having cocaine residue on it.
She also never saw Guy with a gun, never knew about him dealing drugs, and doesn’t recall him with target practice paper.
With the defense, Whittington said she spent a lot of money on Guy wanting him to be husband material and said he had bad vision without his glasses.
The prosecution called John Moseley to testify next.
The defense objected to Moseley speaking in front of the jury saying it was more prejudicial than probative, but the prosecution cited how the defense mentioned the phrase “confidential informant” in past examinations.
Judge John Gauntt allowed Moseley to speak.
Moseley was an agent and detective in the Bell County Organized Crime Unit (BOCU) back in 2014.
Moseley said confidential informants would be used to develop probable cause or select individuals would provide their own information to create a report.
On April 24, 2014, Moseley’s informant going by the last name “Green” reported Guy opening his car trunk to put his white bag in Whittington’s car.
Green said Guy and Shirley went to a Jack In The Box parking lot for what appeared to be a quick exchange with a customer.
Moseley then planned for informant “Green” to do three controlled purchases with Guy on April 25, April 29, and May 6 to buy one gram of cocaine.
Each of the purchases went successful for Moseley to start planning for a search warrant approval.
An evidentiary warrant was signed off by a Killeen municipal judge and a narcotic warrant was signed off by a Bell County judge.
Moseley also made communication with Dinwiddie to see when his team would be available to do the operation.
Moseley’s plan on May 9, 2014 was to do another search warrant on Guy’s upstairs neighbor after KPD did their raid.
After KPD’s operation, Mosely told his team to abort their mission.
Mosely and KPD searched Guy’s trash cans, car, apartment and Whittington’s car for evidence.
They found two digital scales, ammo boxes, packaging typically used to sell drugs, torn off sandwich bags with white residue, and a bag inside a medical bottle with white powder.
Later witnesses explained how some of these items had traces of cocaine.
The bag inside the medical bottle had nearly half a gram of cocaine inside it alone.
A cut straw was found in the trash can. There was trace evidence of cocaine on a plate inside Whittington’s car. Latex gloves were also found in the laundry room.
Moseley added there were residual amounts of marijuana left in Guy’s trunk and a jar left in his back trashcan.
Additional items noted by Killeen investigators this morning was finding Guy’s 9 mm handgun near his front bedroom window and nine shell casings from the gun in the same area.
Former BOCU task force officer Jose Navarro was the last witness to speak on Wednesday.
Navarro explained to the prosecution how he was assigned by Moseley to be pre-raid surveillance on Guy’s apartment on May 9, 2014.
Navarro testified not seeing Marvin Guy outside before SWAT officers arrived and no lights on in Guy’s front bedroom window.
With the light on at Guy’s building complex, Navarro was able to see the SWAT officers in uniform.
When SWAT officers were on the scene, Navarro said he heard two crashes, and a thump from SWAT officers doing their job and saw multiple muzzle flashes happen within seconds of each other.
Navarro then had to abort his mission.
The defense will get to cross examine Navarro on Tuesday.