A Harrah man who was scheduled to stand trial this month on a first degree murder complaint has been granted another continuance until February.
During the recent felony disposition docket, District Judge Traci Soderstrom granted a motion for continuance. She scheduled Guy for the May 16 disposition docket and a jury trial at 9 a.m. on June 5.
Cole Berginer Guy, 19 at the time, and now 20, was formally charged Feb. 22, 2021 in Lincoln County District Court, accused of shooting and killing Gabriel Chumley with deliberate intent on Feb. 10, 2021 in Lincoln County.
At the conclusion of a preliminary hearing in August of 2021, Special Judge Emily Mueller ordered Guy bound over to stand trial.
In May of 2022, then District Judge Cindy Ashwood granted Guy’s motion to continue his trial until 9 a.m. on Oct. 17. She scheduled the cause for the felony disposition docket on Sept. 27.
She granted another continuance and scheduled Guy for the disposition docket at 9:30 a.m. Jan. 17, 2023 and set his jury trial for 9 a.m. Feb. 6, 2023.
Guy has been in the Lincoln County jail without bond since his arrest in February of 2021.
Authorities arrested Guy about 8:30 p.m. on Feb. 10, 2021.
An affidavit filed by Oklahoma State Bureau of Investigation Derek White states that on Feb. 10 this year Lincoln County E-911 received a call from Wesley Shepard reporting a shooting.
Lincoln County Deputy Mark Kelley responded to the area and located a silver Hyundai crashed into a tree west of the intersection of 1022 and 3300 Roads in Lincoln County. Shepard was alive in the vehicle and Gabriel Chumley was found deceased inside the vehicle, the affidavit states.
The deputy recovered a 12 gauge semi-automatic shotgun from the vehicle. An investigator from the Chief Medical Examiner’s Office later responded to the scene and identified what appeared to be a wound to the back of Chumley’s head behind his left ear.
Shepard was interviewed and provided information that Chumley asked Shepard to go with him to pick up a girl. Chumley told Shepard the girl’s new boyfriend had assaulted her.\\Shepard told authorities they went to the residence and waited outside for 15 minutes, until the girl came out of the residence. Shepard said Chumley was in the driver’s seat, he got into the back seat and the girl got into the front passenger seat.
He said as they were backing out of the driveway, three or four people came out of the residence. Shepard said in the interview that he heard gun shots and looked over at Chumley who had his eyes closed and he was slumped over.
Shepard said he fired a 12-gauge shotgun back but didn’t know where the shot went. He said their vehicle crashed into a tree and he asked the girl if they were coming. The girl told Shepard if she went with them, they would not come for Shepard.
Shepard said she exited from the vehicle and walked away. He waited in the vehicle until police arrived, he told authorities.
On July 18, 2022 five new felonies were filed in Lincoln County District Court against Guy as he was in the Lincoln County Jail.
In October of last year, before Special Judge Emily Mueller, he waived his right to a preliminary hearing on those charges. Judge Mueller scheduled his arraignment for 9:30 a.m. Nov. 1.
During his arraignment in November, he pleaded guilty to five additional felonies in another case and Judge Ashwood handed him five prison terms to run concurrently with one another.
The five additional felonies include possession of contraband by an inmate in jail, possession of a cell phone by inmate in jail, possession of a dangerous instrument by an inmate in jail, possession of a controlled dangerous substance with the intent to distribute and conspiracy to commit a felony.