A man awaiting a jury trial on a first degree murder complaint has pleaded guilty to five additional felonies in another case and drawn five prison terms to run concurrently with one another.
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 EmilyMuellerorderedGuy bound over to stand trial on the first degree murder charge.
Later, 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 Sep. 27 this year.
On Sep.. 27, Judge Ashwood granted a motion for continuance and set his cause for the felony disposition docket on Jan. 17, 2023. His jury trial is now scheduled for 9 a.m. on Feb. 6, 2023.
Guy has been in the Lincoln County jail without bond since his arrest in February of 2021.
On July 18 of this year, five new felonies were filed in Lincoln County District Court against Guy. His preliminary hearing on those charges was scheduled for Oct. 7 but on that date he waived his right to that hearing.
Those five charges 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.
Last week, appearing before District Judge CindyAshwood, and as the result of a plea bargain agreement with the previous District Attorney’s administration, Guy pleaded guilty to all five counts.
The court received the pleas and found him guilty as charged.
On 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.
On 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.
In 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, $100VCA and court costs.
On 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.
And on Count 5, Conspiracy, the judge handed him another 10-year term in DOC, a $100 fine, $100 VCA and court costs.
Judge Ashwood ordered the sentences to run concurrently with one another. He receivedcreditfortimeserved.Guywaived his 10-day detainer and the judge ordered him to report to the Court Clerk’s Office 180 days of release from custody.
The new FirstAssistant DistrictAttorney Adam Kallsnick said that Guy will begin serving his time in prison as he awaits his first degree murder trial.
In Count 1, Guy is accused on June 22 of possessing 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.
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 committedanovertactbydistributingCDS 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.
Theotherfelonychargeshimonthesame 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.
Lincoln County Sheriff Capt. Chuck Brewer, in a probable cause affidavit, stated he received information on June 23 from JailAdministratorHaleyFreemanconcerning 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.
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.