A Harrah man charged with first degree murder in the death of a Stroud resident has been bound over to stand trial.
Cole Berginer Guy, then 19, was formally charged Feb. 22 this year in Lincoln County District Court, accused of shooting and killing Gabriel Chumley with deliberate intent on Feb. 10 in Lincoln County.
The bound over order was filed recently and an arraignment had been set for Sep. 7.
District Judge Cynthia Ashwood continued the case for Guy to hire private counsel, according to the records.
He also waived 30 days. Judge Ashwood set 9:30 a.m., Nov. 30, for arraignment or attorney status.
Special Judge Emily Mueller originally ordered Guy be held in jail without bond and set an initial appearance for Guy on Feb. 25. He still remains held without bond.
Authorities arrested Guy about 8:30 p.m. on
Feb. 10.
An affidavit filed by Oklahoma State Bureau of Investigation Agent 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 Chumley was found dead 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 reportedly 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.