A man awaiting trial on a first degree murder charge, who was handed prison terms on five non-related felonies last November, and now faces five more felonies he allegedly committed while in the Lincoln County jail, has waived his preliminary hearing on the newest charges.
Cole Beringer Guy, now 21, was charged Feb. 10 this year with soliciting sexual conduct or communication with a minor by use of technology.
A bench warrant with no bond was filed the same day against Guy.
On May 22, this year, the District Attorney’s Office filed four additional felony counts against him of soliciting sexual conduct or communication with a minor by use of technology.
His arraignment is scheduled for 9:30 a.m. Nov. 30.
During his initial appearance on the five charges before Special Judge Emily Mueller on May 25, she scheduled a prepreliminary hearing for 1:30 p.m. June 22.
Judge Mueller scheduled his preliminary hearing for Sep. 7 and later continued it until 1:30 p.m. Sep. 28. On that day, he waived the hearing.
Guy is accused on Jan. 25 this year of allegedly committing the crime by facilitating, offering or soliciting sexual conduct or engaging in communication for sexual or prurient interest with a minor by using technology.
Each of the other four counts accuses Guy of asking the female to show him various parts of her body.
In a probable cause affidavit, Lincoln County Detective George Kelly Coleman states that County Jail Administrator Charity Bennett advised him she had been monitoring the jail video calls, per jail policy, and noticed that inmate Cole Guy had made several video calls to a female known to be a juvenile.
The detective further stated that Guy told the juvenile to show various parts of her nude body. He said the juvenile is known by jail visitation records and her age is 16.
The affidavit describes in detail what the video calls showed, Coleman said. He noted that on Jan. 26, this year, the day after the alleged offense took place, Guy was returned to a state prison facility.
Guy was sent to prison after a Lincoln County District Judge in November handed him five prison terms to run concurrently after he pleaded guilty to five felony charges.
Supplemental information filed with the case by District Attorney Adam Panter shows those include: Count 1, possession of contraband by an inmate, Judge Ashwood sentenced him to 10 years in the Department of Corrections, assessed him a $100 fine, $100 VCA and court costs.
Count 2, possession of a cell phone by an inmate, she sentenced him to 10 years in DOC, and gave him a $100 fine and $100 VCA and court costs.
Count 3, possession of a dangerous instrument by an inmate in jail, Judge Ashwood sentenced him to 10 years in DOC, assessed him a $100 fine, $100 VCA and court costs.
Count 4, possession of a Controlled Dangerous Substance with intent to distribute, Guy was sentenced to seven years in DOC, given a $100 fine and $100 VCA and court costs.
Count 5, Conspiracy, the judge handed him another 10-year term in DOC, a $100 fine, $100 VCA and court costs.
Guy also is awaiting a jury trial on a first degree murder charge formally filed Feb. 22, 2021 in Lincoln County District Court, accusing him of shooting and killing Gabriel Chumley with deliberate intent on Feb. 10, 2021 in Lincoln County.
During a recent felony disposition docket, District Judge Traci Soderstrom granted a motion for continuance. She scheduled Guy for a jury trial at 9 a.m. on Feb. 5.