OK: Kenneth Gumm Pleads Guilty

[clacky]

http://www.newson6.com/global/story.asp?s=8396343

The man at the center of a high-profile road rage shooting has pleaded guilty to first degree manslaughter. Kenneth Gumm entered the plea on Thursday. The News On 6's Jeffrey Smith reports the plea comes just four days before Gumm's trial was set to begin.

Gumm waved his right to a jury and non-jury trial, deciding to leave his fate in the hands of the judge. A first degree manslaughter conviction can carry a sentence of four years to life in prison.

Gumm will be sentenced on July 15th.

It's been a year since Kenneth Gumm shot and killed Dale Turney in the parking lot of Tulsa RiverParks. Gumm has always maintained that he acted in self-defense.

Witnesses say Turney followed Gumm into the parking lot, blocked Gumm's car with his car, physically shoved Gumm and made threats against his life.

Tulsa Police reports confirm that Turney was the aggressor. Gumm pulled out a concealed weapon and shot Turney in the chest.

It took more than three months for the District Attorney's Office to file charges, but they say they just don't buy the self-defense argument.

Gumm did have a permit to carry a concealed weapon. And, the 67-year-old Gumm says the 48-year-old Turney continued to chase him even after he pulled out the gun.

The prosecutor has recommended a five year prison sentence. It'll be up to the judge to decide how much time, if any, Gumm will spend in prison.

[kensteele]

wow. goes to show you, even if you conform to the letter of the law, you still may end up pleading guilty to avoid a crazy trial.

here's the original (pure entertainment!) thread so you can see what everyone had to say about this: http://glocktalk.com/forums/showthread.php?t=774361

[noway]

devil's advocate

Maybe he didn't follow the letter of the law. Think about it, if it was so cut-dry, why did he accept a guilty plea?

[steveksux]

devil's advocate

Maybe he didn't follow the letter of the law. Think about it, if it was so cut-dry, why did he accept a guilty plea?Sometimes its safer to take the known than gamble on the unknown. If you DO happen to lose at trial, with the more serious charges involved, you lose BIG. Maybe he's counting on a suspended sentence from the judge.

Randy

[Gunnut 45/454]

Big deal!! He must have been guilty!! Cause NO ONE in there right mind pleads guilty if they are not!!

[Trky]

Big deal!! He must have been guilty!! Cause NO ONE in there right mind pleads guilty if they are not!!

Not true at all. My father is currently facing felony charges atm. He is innocent but his lawyer is telling him to plead guilty. If he pleads innocent and loses, he's facing 7+ years of prison. If he pleads guilty he will get zero jail time and will only be on probation. He still doesn't know what he's going to do but if he has a sure thing, why not go with it? Sure he will be considered a convicted felon, but he won't be in jail.

[HerrGlock]

http://newsok.com/man-surprises-court-by-pleading-guilty/article/3250522
Man surprises court by pleading guilty

By Larry Levy
State Correspondent
TULSA — Kenneth Gumm made a surprise guilty plea Thursday to a first-degree manslaughter charge that resulted from what Gumm originally claimed was a "stand-your-ground defense” shooting following a road rage confrontation on June 10, 2007.

Gumm, 68, was in a court Thursday for a hearing when he waived his right to a trial scheduled for Monday and entered a guilty plea.

Gumm requested a pre-sentence investigation.

District Judge William C. Kellough set the next court date for July 15 and allowed Gumm to remain free on $10,000 bail.

About the shooting
Gumm was charged with fatally shooting Dale Allen Turney, 48, of Sand Springs, at Riverside Park.

As a security guard, Gumm had a permit to carry a concealed weapon and was certified by the Council on Law Enforcement Education and Training.

After a traffic dispute with Turney, Gumm pulled into a parking lot.

Turney followed, blocking Gumm's car, according to earlier testimony.

Turney got out of the car first, and an argument ensued, with a lot of cussing and gesturing between the two men, until Gumm fired, according to testimony at a preliminary hearing.

The Oklahoma Court of Criminal Appeals had originally rejected Gumm's efforts to be granted immunity from prosecution because he had a permit to carry the gun with training as a security guard.

(Comments block at the bottom of the page)

[Bren]

You are all right (and wrong). How do you jump to the conclusion that Gumm followed the letter of the law, but got convicted anyhow? The articles I've seen hint that he might or might not have been justified, but point to more likely not, since he seems to have shot an unarmed guy who apparently was not trying to forcibly enter his vehicle. As for pleading guilty, people who are truly not guilty do plead guilty - as Trky said, to avoid jail time. It is possible, and really fairly easy, for an innocent person to be convicted and there is no point in living in a fantasy world where the justice system is perfect and that can't happen. I work in it and it does happen.

On the other hand, Trky, there are about 1,000,000 people who "didn't do it but there lawyer wants them to plead" for every 1 that really happens to - that's what they all tell their families and friends.

[CBDAVIS]

I believe at the time it was determined at the time that the victim was on drugs. I noticed in the paper today that the victim family claimed he was a great guy that didn't use drugs.

I think he was probably justified to shot. Personally, if I'm in a road rage conflict I keep the guy in sight until he or I are good and gone. And I would stay in the car. Let the BG open your car door and try to remove you. That is a good shoot under Oklahoma law. Attempting to remove someone from a vehicle is a felony in Oklahoma and covered under the Castle Doctrine.

[Yellowfin]

So he deserves to have his life ruined because he was justified in defending himself?!??! :shocked: :steamed::faint:

[Cody Jarrett]

Big deal!! He must have been guilty!! Cause NO ONE in there right mind pleads guilty if they are not!!
A good attorney for a manslaughter defense will run above $50K. If you don't have the cash you get the court=appointed or legal aid attorney. There's a HUGE difference in the defense case provided by these attorneys. The sentenced imposed after a trial conviction will be much higher than that of a plea offer. People plead guilty to crimes they aren't guilty of every day in America for this very reason.

[Yellowfin]

Doesn't the NRA have a legal defense fund for cases exactly like this?

[another okie]

He made a mistake getting out of his car. He also made a mistake giving an interview on TV where he said the gun "just went off." Even though Gumm made some mistakes, the DA still sucks.

This article leaves out some key facts. The "victim" had high levels of both alcohol and meth in his system, was well known in the area as a bully, and said to the shooter, "you're history!", which most folks would interpret as a lethal threat.

There have been several self-defense shootings in Tulsa recently and frankly I think the DA decided to send a message. I think we can expect to see the DA out of office after the next election.

There is an extensive discussion of this at okshooters.com.

[another okie]

He made a mistake getting out of his car. He also made a mistake giving an interview on TV where he said the gun "just went off." Even though Gumm made some mistakes, the DA still sucks.

This article leaves out some key facts. The "victim" had high levels of both alcohol and meth in his system, was well known in the area as a bully, and said to the shooter, "you're history!", which most folks would interpret as a lethal threat.

There have been several self-defense shootings in Tulsa recently and frankly I think the DA decided to send a message. I think we can expect to see the DA out of office after the next election.

There is an extensive discussion of this at okshooters.com.

[CBDAVIS]

I hope the judge gives him a deferred sentence.

[noway]

Sometimes its safer to take the known than gamble on the unknown. If you DO happen to lose at trial, with the more serious charges involved, you lose BIG. Maybe he's counting on a suspended sentence from the judge.

Randy

How about fighting to the end...? I think he would have been better off going to trial by jury. Also, can he still appeal his decision if the comes up.

fwiw:
One other tadbit of info all has over luck, "this guy got in a shooting over a traffic incident and a push". Man that right their sounds silly.

As far as the your history, it's his word aganist the other guy who's dead. I do recall in the new paper their where mentioning of other witness who claimed very different arguments from what they seen.

[noway]

He made a mistake getting out of his car. He also made a mistake giving an interview on TV where he said the gun "just went off." Even though Gumm made some mistakes, the DA still sucks.

This article leaves out some key facts. The "victim" had high levels of both alcohol and meth in his system, was well known in the area as a bully, and said to the shooter, "you're history!", which most folks would interpret as a lethal threat.

There have been several self-defense shootings in Tulsa recently and frankly I think the DA decided to send a message. I think we can expect to see the DA out of office after the next election.

There is an extensive discussion of this at okshooters.com.



He should have kept on going and he would have been way better off, less in debit with fees, and no cloud of prison time.

Using his brain and removing himself from this sillyness would been way much better ;)