A Harrah man awaiting a jury trial this month on a first degree murder complaint has been granted a continuance until February.
He also has waived his preliminary on five additional felonies he was charged with and his arraignment has been scheduled for November on those charges.
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 of last year 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 this year, 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 has 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.
On July 18, five new felonies were filed in Lincoln County District Court against Guy.
Earlier this month, 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.
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.
In a probable cause hearing held before Associate District Judge Sheila Kirk, Guy was ordered to make his initial appearance on July 21.
He made his initial appearance on that date before Judge Mueller and she scheduled a prepreliminary hearing in August.
In Count 1, Guy is accused on June 22 this year of possessing quantities of marijuana and methamphetamine, both controlled dangerous substances, while he was an inmate in the Lincoln County jail.
Count 2 charges him on the same date of possessing a cell phone while he was an inmate in the jail.
In Count 3, he is accused on the same date of possessing a dangerous instrument, a knife, fashioned from a comb, capable of causing serious bodily harm while he was an inmate in the jail.
Count 4 charges Guy on the same date with possessing quantities of marijuana and methamphetamine, both controlled dangerous substances, with the intent to distribute the substance and substances to other persons.
The fifth felony accuses Guy on the same date of conspiring with Gavin Othel Gray to commit the crime of distribution of a controlled dangerous substances and Gray committed an overt act by distributing CDS to other persons.
Gray, 31, of Chandler, was also charged on July 18 in Lincoln County District Court with two other felonies in addition to the conspiracy count.
They include distribution of CDS including possession with intent to distribute and possession of contraband by an inmate.
The first count accuses him on June 23 of knowingly distributing methamphetamine, a CDS, to an inmate in the Lincoln County Jail.
The other felony charges him on the same date of possessing in the Lincoln County Detention Center, which is a county jail, an item of contraband, specifically dangerous controlled substances, which he was an inmate at that facility.
In a probable cause hearing held before Associate District Judge Sheila Kirk, Gray also was ordered to make his initial appearance on July 21.
He made his initial appearance on that date and Judge Mueller set his pre-preliminary hearing for July 28.
Judge Mueller has scheduled his prepreliminary hearing for 1:30 p.m. Nov. 3.
Lincoln County Sheriff Capt. Chuck Brewer, in a probable cause affidavit, stated he received information on June 23 from Jail Administrator Haley Freeman concerning contraband in the Lincoln County Jail.
Freeman reportedly advised Brewer that on June 22 she requested the Lincoln County Sheriff Office’s Special Operations Team to conduct a search of the jail based on information she had received that drugs and a cell phone were within the west pod of the jail.
Brewer explained the Special Operations Team is a multi-agency group of law enforcement members who train together The team reportedly recovered a cell phone, marijuana, drug paraphernalia and a manufactured edged weapon from the cell occupied by Guy.
Freeman provided Brewer with the evidence.
Brewer reported that he and Sgt. Aaron Bennett began investigating and interviewing inmates.
The investigation led to the charges being filed last week.