SWAT officer shot in the face breaking into window during no-knock raid

[Hurmoth]

SWAT officer shot in the face breaking into window during no-knock raid

 

A police officer suffered fatal injuries while performing a pre-dawn no-knock raid on a local residence to  search  for drugs.  Several officers were shot by a resident as they tried to enter an apartment through a ground-level window under the cover of darkness.

 

Detective Charles ?Chuck? Dinwiddie, an 18-year veteran of the department ? died two days after being shot on Friday morning.  Approximately 5:30 a.m. on May 9th, the Killeen Police Department sent its SWAT team to execute a surprise raid on a middle-aged couple because they allegedly possessed substances without government permission.

 

Dinwiddie and several other SWAT agents snuck up to a window and tried to breach it to gain entry.  The commotion caused one of residents to fire on the unidentified intruders, and Dinwiddie was struck in the face.  Three others were shot; 2 were shot in the armor and 1 was shot in the thigh.

 

The warrant was drafted by the Bell County Organized Crime Unit and signed by Judge Mark Kimball, who authorized the ?no-knock? entry.

 

Marvin Louis Guy, age 50, is being held in the Killeen City Jail on a $3 million bond.  His charges include 3 counts of attempted capital murder.  He has not yet been charged with Dinwiddie?s death.

 

It is unclear how Mr. Guy could have reasonably made the differentiation, with a split-second?s notice, between police officers and criminal home invaders breaking into his window.

 

Police spent 12 hours combing the house for evidence of drugs.   No drugs were listed on the evidence sheet.  They did seize a laptop, a safe, a pistol, and a glass pipe, according to documents obtained by KWTX.

 

Officer Dinwiddie left behind two children and a devastated community.  He was said to have once recovered a couple?s stolen wedding rings.  Yet the cause that he laid down his life for was to stop people from getting high.  That should give pause to even the most hardened supporters of the War on Drugs.

 

Is it worth risking one?s life to take narcotics out of the hands of eager users?  Is this a cause that decent people can continue to support in light of all the innocents killed in the process?  Furthermore, are these no-knock raids, which pit police officers against drowsy citizens in the most dangerous manner possible, a responsible tactic of law enforcement?

 

If people truly value the lives of police officers, they will stop carelessly throwing their lives away by sending them on misguided missions using irresponsible tactics.   There is no reason Officer Dinwiddie had to die, because there was no reason for police to show up at that home in the first place.

 

Source: http://www.policestateusa.com/2014/killeen-texas-fatal-raid/

 

The Fourth Amendment to the United States Constitution assures and protects individuals from unreasonable searches and seizures. Knocking down someone's door at 5am is an incredibly unreasonable search!

 

Whatever you think about guns, let's leave that out of this discussion. The cops were violating this couple's rights. I am a firm believing that No-Knock Raids are unconstitutional and should be addressed by SCOTUS as such. But regardless of whether that ever happens, if someone is "breaking in" my home at 5am, you better believe I'm shooting first, asking questions later. This guy probably had no clue that these were cops until it was too late.

 

What are your thoughts? He's already been charged with three counts of attempted capital murder; should those charges stand? Should he be charged in the death of the officer?

[zeke009]

Sad events, but I suspect a decent lawyer can argue he had no other choice as the police did not identify themselves. What is really sad is that he is gone and the family will not have any 'justice' for his death.

[Hurmoth]

Sad events, but I suspect a decent lawyer can argue he had no other choice as the police did not identify themselves. What is really sad is that he is gone and the family will not have any 'justice' for his death.

Does the officer's family deserve justice? What is justice in a situation like this? The family could of course sue the police department for making the decision to break into someone's home at 5am, thereby being a direct link to his death.

 

Unfortunately, the judge is protected by judicial immunity and can't be sued. Hopefully that changes one day and judges will actually require some real evidence before allowing cops to violate citizens' rights.

 

Thankfully there is a precedence of juries acquitting a man for shooting at cops for breaking into the wrong home: http://reason.com/blog/2014/07/28/jury-frees-man-charged-with-shooting-at

[theyarecomingforyou]

The Fourth Amendment to the United States Constitution assures and protects individuals from unreasonable searches and seizures. Knocking down someone's door at 5am is an incredibly unreasonable search!

 

Whatever you think about guns, let's leave that out of this discussion.

I support restricted gun ownership but that's irrelevant here, as it appears the homeowner acted reasonably to defend themselves from an unknown intruder. The timing of the shots will be crucial in determining the outcome of the case. While not strictly relevant, it's interesting that the raid turned up nothing. To me this seems like a botched police operation. Charging him for murder is clearly an overreaction but not surprising as the police don't want the public thinking they can shoot at officers without consequence.

[HoochieMamma]

Wait a second, these police didn't notify the residents who they were and tried to break into the house? What did they expect would happen? Especially in America.

[zeke009]

Does the officer's family deserve justice? What is justice in a situation like this? The family could of course sue the police department for making the decision to break into someone's home at 5am, thereby being a direct link to his death.

As an outsider: I would say no, they don't deserve justice when there is none to be had.

 

But it wasn't my dad or brother or husband who died in this unfortunate series of events.

[Dashel]

The failed drug war claims another, at least this time the dead person was the tresspasser, and not the home owner or his animals.  The para-military BS has to end so I only hope more residents unload on them when they attempt such 'operations'.  I know I would.

[Mr. Gibs]

Does the officer's family deserve justice? What is justice in a situation like this? The family could of course sue the police department for making the decision to break into someone's home at 5am, thereby being a direct link to his death.

 

Unfortunately, the judge is protected by judicial immunity and can't be sued. Hopefully that changes one day and judges will actually require some real evidence before allowing cops to violate citizens' rights.

 

Thankfully there is a precedence of juries acquitting a man for shooting at cops for breaking into the wrong home: http://reason.com/blog/2014/07/28/jury-frees-man-charged-with-shooting-at

I'm pretty sure there had to be some evidence that would lead to a no-knock raid. Cops don't go around breaking down doors every 2 mins to check houses for drugs. And judges don't hand out warrants like candy either.

Sure maybe the cops and judge were corrupt and had something against the people in this house but that isn't always the case.

The cops, at the end of the day, are just doing their job. Sure there are bad apples that make the entire force look terrible, but most of them do it for the right reasons. At the end of the day the guys breaking into the house didn't make the decision or do the surveillance for it, another department probably did and called in SWAT to carry out the raid. SWAT can't just go "you know what guys, I'm going to pass on this one."

You should also read up on what the fourth amendment actually is. These cops had a warrant and hence (allowed by the fourth amendment) can break into your house without notice. The fourth amendment protects you from cops breaking into your house without a warrant, not when they have one.

[Lord Method Man]

These no-knock SWAT raids are beyond out of hand. Before even reading the story I knew it would turn out that they didn't even find any drugs.

[Hurmoth]

I'm pretty sure there had to be some evidence that would lead to a no-knock raid. Cops don't go around breaking down doors every 2 mins to check houses for drugs. And judges don't hand out warrants like candy either.

Sure maybe the cops and judge were corrupt and had something against the people in this house but that isn't always the case.

The cops, at the end of the day, are just doing their job. Sure there are bad apples that make the entire force look terrible, but most of them do it for the right reasons. At the end of the day the guys breaking into the house didn't make the decision or do the surveillance for it, another department probably did and called in SWAT to carry out the raid. SWAT can't just go "you know what guys, I'm going to pass on this one."

You should also read up on what the fourth amendment actually is. These cops had a warrant and hence (allowed by the fourth amendment) can break into your house without notice. The fourth amendment protects you from cops breaking into your house without a warrant, not when they have one.

I know what the Fourth Amendment is, thank you very much. And there are plenty of legal scholars who believe No-Knock Raids are unconstitutional under the Fourth Amendment. I was using hyperbole to drive home the point that I don't agree with them. Of course the judge required some evidence to sign the warrant, but the couple didn't have any drugs in their home, it was 5am and the police literally broke into their home without announcing themselves. That is a clear violation of the Fourth Amendment.

[theyarecomingforyou]

These no-knock SWAT raids are beyond out of hand. Before even reading the story I knew it would turn out that they didn't even find any drugs.

Even if drugs were found it's an extreme form of policing.

 

I'm pretty sure there had to be some evidence that would lead to a no-knock raid. Cops don't go around breaking down doors every 2 mins to check houses for drugs. And judges don't hand out warrants like candy either.

Sure maybe the cops and judge were corrupt and had something against the people in this house but that isn't always the case.

The cops, at the end of the day, are just doing their job.

A lot of the time the police aren't doing their job but rather abusing their position. The United States' war on drugs is out of control. Don't forget that it wasn't all that long ago that alcohol was a controlled substance and was subject to similar style raids.

 

The police in the US are part of the problem. Saying they're just "doing their jobs" is a cop-out (no pun intended).

[Mr. Gibs]

I know what the Fourth Amendment is, thank you very much. And there are plenty of legal scholars who believe No-Knock Raids are unconstitutional under the Fourth Amendment. I was using hyperbole to drive home the point that I don't agree with them. Of course the judge required some evidence to sign the warrant, but the couple didn't have any drugs in their home, it was 5am and the police literally broke into their home without announcing themselves. That is a clear violation of the Fourth Amendment.

The 4th amendment states NOTHING about whether or not a police officer has to announce themselves. It protects the person from unreasonable search and seizures. Since they had a warrant, and they would have had to obtain a no-knock warrant too, it's no longer considered unreasonable.

That said I think no knock entries are stupid but not because of any unconstitutional BS, but because it massively increases the risk of harm / death to both the homeowner and the cops involved too (as this case proves).

A lot of the time the police aren't doing their job but rather abusing their position. The United States' war on drugs is out of control. Don't forget that it wasn't all that long ago that alcohol was a controlled substance and was subject to similar style raids.

The police in the US are part of the problem. Saying they're just "doing their jobs" is a cop-out (no pun intended).

I think the war on drugs is stupid too but guess what, the cops don't make the laws. They also don't get the right to cherry pick which laws they're going to follow and which laws they aren't going to follow.

[Hurmoth]

The 4th amendment states NOTHING about whether or not a police officer has to announce themselves. It protects the person from unreasonable search and seizures. Since they had a warrant, and they would have had to obtain a no-knock warrant too, it's no longer considered unreasonable.

That said I think no knock entries are stupid but not because of any unconstitutional BS, but because it massively increases the risk of harm / death to both the homeowner and the cops involved too (as this case proves).

I think the war on drugs is stupid too but guess what, the cops don't make the laws. They also don't get the right to cherry pick which laws they're going to follow and which laws they aren't going to follow.

Case law says you're wrong: http://en.wikipedia.org/wiki/Knock-and-announce_requirement

 

In 1995, the United States Supreme Court ruled in Wilson v. Arkansas that a knock-and-announce before entry was a factor that must be considered in reviewing the overall constitutionality of a Fourth-Amendment search.

[Mr. Gibs]

Case law says you're wrong: http://en.wikipedia.org/wiki/Knock-and-announce_requirement

 

In 1995, the United States Supreme Court ruled in Wilson v. Arkansas that a knock-and-announce before entry was a factor that must be considered in reviewing the overall constitutionality of a Fourth-Amendment search.

And if you read on it still needs to be reviewed by a case by case basis and if the police has reasonable evidence for such an entry. If they do a warranty is granted at that point. If they didn't and they executed a no knock entry then you have a much stronger case against them. Now if the police has reasonable evidence for it, and the judge approves that reasonable evidence it's still constitutional because its no longer unreasonable.

Now is there a problem with the amount of no knock warrants that are issued, yes there is and if in those cases there wasn't reasonable evidence then yes it would be unconstitutional.

Like I already said I'm on the same side of the coin as you, I don't think no knock entries should be allowed because of the problems they cause (especially if an innocent dies).

[Hurmoth]

And if you read on it still needs to be reviewed by a case by case basis and if the police has reasonable evidence for such an entry. If they do a warranty is granted at that point. If they didn't and they executed a no knock entry then you have a much stronger case against them. Now if the police has reasonable evidence for it, and the judge approves that reasonable evidence it's still constitutional because its no longer unreasonable.

Now is there a problem with the amount of no knock warrants that are issued, yes there is and if in those cases there wasn't reasonable evidence then yes it would be unconstitutional.

Like I already said I'm on the same side of the coin as you, I don't think no knock entries should be allowed because of the problems they cause (especially if an innocent dies).

I read the entire thing, and I saw where it stated it has to be done on a case by case basis. I believe that SCOTUS has too broad of circumstances that allow for these types of warrants. But my point was that the Fourth Amendment does have rules under the US Code that require police to announce themselves and you stated it doesn't mention that at all. The text itself may not, but the US Code that governs it does address it. In most cases, police are required to announce themselves, only in very specific cases are they allowed not to.

 

The reason police are required to announce themselves are to protect them as much as it is to protect the citizen. In this case, the No-Knock warrant proves exactly why police should be required to announce themselves.

 

"It is better that ten guilty persons escape than that one innocent suffer." English jurist William Blackstone (Commentaries on the Laws of England)

 

That statement couldn't be more true in a situation like this. The police should always err on the side of caution as not to violate the rights of the innocent in pursuit of someone who is guilty.

[Mr. Gibs]

The reason police are required to announce themselves are to protect them as much as it is to protect the citizen. In this case, the No-Knock warrant proves exactly why police should be required to announce themselves.

And that I agree with.

The risk with no knock entries is just too damn high.

[chago12]

good. that's a how every single no knock warrant should go, with a terrorist shot in the face. so glad they didnt have a puppy.

[spenser.d]

Leave it up to a site named policestateusa to leave out the fact that this guy was a coke dealer, and they had plenty of evidence to back that fact up:

 

 

KILLEEN (May 14, 2014) Documents released Wednesday including search warrant affidavits and a lengthy evidence inventory provide details of both the drug raid that left one Killeen police officer dead and another injured and of the crime scene investigation that followed the deadly shooting.

 

Police Detective Charles ?Chuck? Dinwiddie, 47, and Officer Odis Denton, 37, were shot as they and other officers served the narcotics search warrant just after 5:30 a.m. Friday at 1104 Circle M Dr. Apt. 3 in Killeen.

 

Dinwiddie died at 1:30 p.m. Sunday in the intensive care unit of Scott & White Hospital.

 

Denton, who was shot in the femur, underwent surgery and was released from Scott & White on Wednesday.

 

Two other officers were hit by gunfire, but were spared injury by their protective gear.

 

An inventory of evidence collected over the course of about 12 hours as the crime scene was processed through the afternoon on May 9 and into the early morning hours on May 10 lists dozens of shell casings, projectiles, projectile fragments among more than 150 items gathered and documented.

 

Investigators also seized a glass pipe identified as drug paraphernalia, a safe, a grinder, a laptop computer, two walkie-talkies, a 9-mm pistol, and three cellphones from inside the apartment.

 

The evidence return does not list any drugs.

 

The two residents of the apartment, Marvin Louis Guy, 49, of Killeen, and a 50-year-old woman identified in the documents released Wednesday as Shirley Whittington, were arrested after the shooting.

 

Guy was captured as he tried to flee from the rear door of the apartment and Whittington followed officers? orders to surrender, the documents say.

 

Guy remains in the Bell County Jail in lieu of bonds totaling $3 million charged with three counts of attempted capital murder.

 

He has not yet been charged in Dinwiddie?s death.

 

Whittington?s status isn?t clear, but her name does not appear in online jail records.

 

A ?no knock? warrant, authorizing the officers to enter the apartment without providing prior notification to the residents, was issued on May 8 after an investigation that started in March in response to a tip from an informant about cocaine trafficking in the area of the 1100 block of Circle M Drive.

 

Authorities determined that a blue Crown Victoria that the informant said was linked to the sale of cocaine belonged to Guy and through the month of April members of the Bell County Organized Crime Unit conducted ?extensive surveillance? in the area, according to an affidavit submitted for the warrant.

 

The informant told an investigator that Guy ?frequently kept large amounts of cocaine in the blue Crown Victoria? as well as in his girlfriend?s red Chevrolet Impala, the affidavit said.

 

On April 24 investigators observed Guy remove a white bag from the trunk of the Ford and place it in the trunk of an Impala driven by a woman later identified as Whittington, the affidavit said.

 

About two days later the informant met with Guy in a parking area on Circle M Drive and later reported that Guy removed the bag from the trunk of the Impala and that it contained cocaine, the affidavit said.

 

About two days before the affidavit was submitted on May 8, the informant reported that Guy had ?a quantity of cocaine,? the affidavit said.

 

?The informant has reported that Guy is frequently armed with a handgun...affiant (asks) that this warrant be issued authorizing a ?No Knock? entry for the suspected place,? the affidavit said.

 

The warrant authorized officers to arrest Guy and to search not only the apartment, but also the Crown Victoria and the Chevrolet Impala.

 

http://www.kwtx.com/news/local/headlines/Documents-Detail-Crime-Scene-Search-After-Killeen-Officers-Shot-259291891.html

 

I don't particularly have a problem with the no knock raid, but I'm not sure why they'd bother with it. You've already got the manpower of a SWAT team, just surround the place and have it out.

[SierraSonic]

The 4th amendment states NOTHING about whether or not a police officer has to announce themselves. It protects the person from unreasonable search and seizures. Since they had a warrant, and they would have had to obtain a no-knock warrant too, it's no longer considered unreasonable.

That said I think no knock entries are stupid but not because of any unconstitutional BS, but because it massively increases the risk of harm / death to both the homeowner and the cops involved too (as this case proves).

I think the war on drugs is stupid too but guess what, the cops don't make the laws. They also don't get the right to cherry pick which laws they're going to follow and which laws they aren't going to follow.

http://en.wikipedia.org/wiki/Selective_enforcement

 

They do, but it also is riddled with grey area logic.

[macrosslover]

such an unbiased site this information comes from :rolleyes: .  Tragic the officer died doing his job trying to protect the community, who I am sure would not want a drug user/dealer living next door to them.  The main reason they'd need a no knock warrant is for the person to not have time to dump the evidence.  If they use the SWAT steam to surround the place all that does is give the person time to either fortify more or clean the evidence out.  Let's be clear this "poor homeowner" who was defending himself from unknown burglars wasn't some saint. 

 

 

When they do no knock warrants, they still have on full gear that identifies themselves as police, still announce police as they enter at the same time that they are smashing the door, so this "good citizen" knew who was coming in when they came in.  I don't know about you, but I don't see most burglars breaking into homes these days wearing full tactical gear, don't think I've seen a single news story about that yet.  So if somebody in full tactical gear is coming through your door or window, I think we can all agree that you've ###### somebody from a government agency off and you know full well who you are shooting at when you pickup a gun in response.

[Mr. Gibs]

http://en.wikipedia.org/wiki/Selective_enforcement

I'm almost positive that only applies to minor offenses.

Drugs, in most parts of the country, are still a major offense. Cops cannot just go "nah we're going to leave that dealer alone and let him keep doing what he does."

Yes there have been times where cops have just given verbal warnings to teenagers caught with alcohol or a small amount of pot, but this case is rather different to.

[Dick Montage]

Does the family of the office deserve justice?

 

Odd question really, as the police force were in the wrong here.  They operated outside the framework of the law - the fact they were trying to apprehend a suspected criminal is moot.

 

As I understand it, the guy who shot the cop was not informed that they were police, was not informed of the situation, only knew about someone trying to break into his house.

 

Justice?  As far as the law stands, the guy with the gun could arguably deserve justice for an unwarranted attempted invasion of his home by breaking and entering.

 

And the family of the deceased?  Do they deserve justice?  Define justice.  Revenge?  Blame?  Closure?  If they are owed anything then it is by the collective that orchestrated the raid.

 

We see the world as "good guys" and "bad guys", right and wrong.  But that's just humans for ya!

[Shiranui]

Is there any other nation on the earth that simultaneously loves and hates drugs as much as the USA?

[theyarecomingforyou]

If they use the SWAT steam to surround the place all that does is give the person time to either fortify more or clean the evidence out.  Let's be clear this "poor homeowner" who was defending himself from unknown burglars wasn't some saint.

You say that and yet the raid turned up nothing to support your claim. It seems that you're taking the police at their word and assuming that they can't be wrong, when we've seen numerous cases of botched raids, bad information and police corruption.

 

When they do no knock warrants, they still have on full gear that identifies themselves as police, still announce police as they enter at the same time that they are smashing the door, so this "good citizen" knew who was coming in when they came in.  I don't know about you, but I don't see most burglars breaking into homes these days wearing full tactical gear, don't think I've seen a single news story about that yet.  So if somebody in full tactical gear is coming through your door or window, I think we can all agree that you've ###### somebody from a government agency off and you know full well who you are shooting at when you pickup a gun in response.

The police didn't give any warning and he had no idea who was breaking into his house. It was the early hours of the morning so the house would have been dark. In a split second there isn't time to analyse things as you claim, he just grabbed for a gun and fired.

[DocM]

The other problem with no-knock raids is the direct opposite of what happened here. Some innocent persons home or business is raided by mistake, wrong address, lame-ass reason etc., and in responding to them breaking the cops riddle them or their family with bullets or scare them half to death.

Examples

http://www.salon.com/2013/08/29/11_over_the_top_u_s_police_raids_that_victimized_innocents/

http://www.cnn.com/2009/CRIME/02/24/atlanta.police/

http://m.ctpost.com/local/article/Towns-to-pay-3-5M-in-deadly-cop-raid-4290145.php