Texas has a law known as the "Criminal Mischief After Dark Law," which specifies that, if you are standing in the middle of a public street and throwing rocks at the windows in my house – and the sun has gone down – I can shoot you. And in Texas, I will be no billed, because you were engaged in criminal mischief after dark.
It would seem, then, that under the laws of the State of Texas, Mr. Guy had every right to shoot the thugs who were breaking down his door at 5:30 in the morning. There's just one problem. These thugs were police officers!
A force of four officers of the Killeen Police Department, under the command of deceased Detective Charles Dinwiddie, had taken it upon themselves to break into Mr. Guy's apartment on the advice of an "anonymous" tipster who had told them Mr. Guy had drugs in his apartment. (No drugs were ever found, incidentally.)
The Fourth Article of the Bill of Rights, appended to the Constitution in 1789 and ratified by the 13 States in 1791, says:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."'
Article 1 Section 9 of the Texas Constitution says:
"The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation."
These officers were breaking the law of Texas and, since Article 1 Section 1 of the Texas Constitution says, "Texas is a free and independent State subject only to the Constitution of the United States," they were breaking the law of the United States as well. Their act was no less criminal because they were wearing policeman's uniforms, and it was no less mischievous because they were violating a Texas citizen's rights in the name of the government of the city of Killeen. And at 5:30 in the morning in Killeen Texas it is still dark.
Don't get me wrong. I'm sorry Detective Dinwiddie is dead, but it was not Mr. Guy's fault. It was due to Detective Dinwiddie's own violation of Texas law of which, as a Texas police officer for 18 years, he was – or certainly should have been – totally aware.
How did Texas local "law enforcement" get to this stage of disrespect for the law? What happened to the pride and discipline displayed by the Texas Rangers? How did the Killeen Police Department morph into a Gestapo? It saddens me, and should sadden all Texans, to see my beloved State infiltrated with the Fascist filth emanating from Washington DC.
Bell County District Attorney Henry Garza, who is prosecuting Mr. Guy, would better serve the interests of the people of Bell County Texas by prosecuting whoever it was ordered Detective Dinwiddie to flagrantly violate the Constitutional rights of a Bell County citizen.