The jury trial for a Harrah man charged with first degree murder who was scheduled to be tried next week has been put off again.
Cole Berginer Guy, 19 at the time, 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.
During a recent felony disposition docket, a judge has rescheduled Guy for the felony disposition docket on Jan. 16, 2024. He is set for the jury trial call docket on Jan. 23 and for a jury trial at 9 a.m. on Feb. 5.
The judge ordered that all motions be in by Nov. 21 and they will be heard on Nov. 30.
Guy was scheduled for October’s jury trial call docket on Oct. 13 with his trial set for Oct. 16.
Former District Judge Cindy Ashwood, during Guy’s arraignment on Nov. 30, 2021, accepted his not guilty plea and had set his case for the felony disposition docket at 9:30 a.m. on Jan. 11, 2022.
She also advised Guy that what he is charged with is an 85 percent crime.
At the conclusion of a preliminary hearing, Special Judge Emily Mueller ordered Guy bound over to stand trial.
Judge Mueller originally ordered Guy be held in jail without bond. He still remains held without bond.
Authorities arrested Guy about 8:30 p.m. on Feb. 10, 2021.
An affidavit filed by Oklahoma State Bureau of Investigation Derek White states that on Feb. 10 last 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 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 got out of the vehicle and walked away. He waited in the vehicle until police arrived, he told authorities.