KILLEEN, Texas — Seven years later and Marvin Guy still sits behind bars. His brother, Garett Galloway, said that's far too long to wait without a trial.
“They’re holding him and they’re holding this above his head. They’re seeking the death penalty on something that I don’t think warrants that kind of action,” said Marvin Guy’s brother, Garett Galloway.
Guy is accused of shooting a Killeen Police Department detective, who later died, during a no-knock raid on his home.
Galloway said KPD suspected Guy of having drugs but they did not find what they were looking for.
He also said Guy acted in self-defense because he thought intruders were breaking into his home.
“This no-knock raid should’ve never happened, and Marvin should not have been arrested,” said The Grassroots Law Project Texas Campaigns Director PJ Martinez.
It's why the Grassroots Law Project, Guy’s family and others are planning to celebrate Marvin’s birthday this weekend by going door to door collecting signatures to petition the District Attorney to drop the charges.
“We’re just gonna try to build awareness to his case. Go knock on some doors. See if we can get people out of the yard signs in the yard,” said Galloway.
“We want to make sure that we protect his life and we want to compel the District Attorney Henry Garza at a minimum, takes the death penalty off the table is what we were looking for,” said Martinez.
PJ Martinez with The Grassroots Law Project says they already have 14,000 signatures.
He said they are still trying to reach D.A. Henry Garza but after two months no response.
“We’ve actually organized volunteers to make calls directly the people that have influence over the DA and we’re also going to D.A.’s office directly. They have not made a comment,” said Martinez.
We also reached out to Garza’s office but received no response.
“Once you’re elected, you should work for all of your Constituents not just the ones that voted you in. Everyone deserves fair justice,” said Galloway.
Galloway hopes canvassing in the community will help bring change and maybe one day free his brother.
Guy is charged with one count of capitol murder, three counts of attempted capitol murder. Guy is accused of killing detective Charles Dinwiddie during the gunfight. Guy is asking for charges to be removed while prosecutors are trying to get the death penalty.
No knock raids are under more scrutiny these days. Back in 2013 Henry Magee killed a Burleson County deputy during a no-knock raid.
Deputies say they had information magee had drugs and illegal weapons. He was initially charged with capital murder.
His attorney argued Magee was protecting his pregnant girlfriend, property and himself from unknown intrduers.
A grand jury dropped the capital murder charge. Deputies did find drugs during the raid and Magee pled guilty on those charges.
