Belton, TX (FOX 44) — On Monday, the Bell County Justice Center started trial in the case of Texas v. Marvin Guy.
Guy has been indicted for capital murder of Killeen Detective Charles Dinwiddie in May 2014. Guy plead not guilty.
After the indictment was given, the prosecution and defense gave their opening statements.
The jury has heard a lot from both sides to determine if Guy is guilty.
The prosecution opened up saying Guy knew Charles Dinwiddie was a peace officer when shooting him.
When the no knock raid happened, the prosecution says Guy knew it was happening because the door was barricaded by a chair
The state also mentioned how the apartment lighting on the second floor made it apparent Guy was able to see the officers in the accuracy he had shooting officers near their heads and waist.
The defense brought up their points as well telling the jury to use common sense.
The defense cited how it was 5:40 in the morning, still dark outside, and the light near Guy’s apartment was broken.
The defense even mentioned if Killeen Police Officers were unable to see guy through the bedroom windows — how was Guy able to see them to shoot and intentionally kill.
The defense believes the state is trying to make Guy seem like a sinister person to prove a point.
The defense says mistakes happened, chaos unfolded, tragedy occurred, but it doesn’t equal Guy being guilty.
FOX44 spoke with Guy’s brother, Garrett Galloway, before recess on Monday to hear he’s happy on how the defense is off to a strong start in the trial.
Galloway wants the jury to know what’s going on, and to make a decision only on what’s presented.
Outside witnesses were the first to testify in Marvin Guy’s trial for capital murder.
Both the prosecution and defense have mentioned how no police body cam footage is available to show the jury due to the time of the situation.
In the first day after recess, one jury member was already replaced with an alternate.
Former Killeen Police Department officer David Daniels shared his experience of what happened May 9, 2014 feeling like he and his swat team were ambushed when doing their no-knock warrant on Marvin Guy.
With the prosecution, Daniels explained why Guy was considered a high risk individual for the no-knock warrant to be approved.
From Daniels background knowledge, Guy allegedly dealt drugs and had two guns.
In the operation, Daniels felt exposed with the outside apartment lighting saying he could easily see his colleagues.
Daniels recalls him and his eight other team members saying “Police search warrant,” as Guy’s door was rammed.
Once noticing the door was barricaded while trying to break in, Daniels said he heard gunfire from Guy’s back bedroom.
In that moment Daniels was shot in the head by a bullet.
Daniels recalls his memory being hazy, but he took cover to shoot.
Daniels stopped shooting shortly after believing he may hit his team mates in cross fire.
Shot in the head and hip, Daniels is certain that if he wasn’t wearing his helmet, he would have died immediately.
Daniels does believe Guy knew what he was doing during the no knock warrant and spoke highly on Detective Dinwiddie’s character.
The defense will cross examine Daniels on his testimony on Tuesday.