A Harrah man, being held in jail for the last two weeks in the alleged fatal shooting of a Stroud resident, now faces a first degree murder charge.
Cole Berginer Guy, 19, was formally charged Monday in Lincoln County District Court, accused of shooting and killing Gabriel Chumley with deliberate intent on Feb. 10 of this year in Lincoln County.
Special Judge Emily Mueller has ordered Guy be held in jail without bond and set an initial appearance for Guy at 1:30 p.m. today (Feb. 25).
Authorities arrested Guy about 8:30 p.m. on Feb. 10.
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 Road 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.
According to the affidavit, authorities located the girl with Guy in the parking lot of OU hospital in Oklahoma City. Guy was taken into the investigative detention center at the hospital and transported to the Lincoln County Sheriff’s Office to be interviewed.
The girl was interviewed and told authorities she had been dating Guy for a few weeks. On the morning of Feb. 10, Guy reportedly had been yelling at her over missing money. She contacted Chumley, her exboyfriend and asked him to come get her.
She told Chumley that Guy had been beating on her. Guy found his money and apologized to her, the girl told officers, and she no longer wanted to go with Chumley and that Chumey abuses her.
Chumley was insistent that he pick her up. The girl planned to go with Chumley but only to the store to get “sticks.” She requested Guy make sure Chumley did not hurt her when he picked her up.
She told Guy that Chumley commonly carried a gun and would shoot Guy if he saw him.
Guy retrieved a .410 caliber shotgun, went to the end of his driveway outside of his fenced in yard and hid behind a tree. Guy watched the girl get into Chumley’s vehicle. When he saw the girl shaking her head violently, he believed Chumley was beating her, the affidavit states.
Guy reportedly stepped out from behind the tree, someone inside the vehicle fired a shot, she said. Guy fired his .410 shotgun back at the vehicle, threw the shotgun down and ran inside.
The girl said Guy looked out the house window and saw the girl stumbling on the road, so he came to meet the girl. She claimed Guy shot Chumley in selfdefense.
Following that interview, Guy was booked into the Lincoln County Jail for murder, the affidavit states.