River parks shooter pleads guilty

[Gold]

to manslaughter.

tulsaworld.com/news/article.aspx?articleID=20080529_11_Amanp57076

[cannon_fodder]

quote: A plea agreement calls for a five-year sentence for Kenneth Ray Gumm, with a background report to be prepared prior to a sentencing set for July 15 before Tulsa County District Judge William Kellough.

Kellough will have the option of putting Gumm on probation via a deferred or suspended sentence, sending him to prison, or some combination of probation and prison.

I worked with Kellough at Boone Smith for a while, seemed like a really sound guy.  I'm interested to see what he think is an appropriate sentence.  

IMHO, you block me in and pursue me multi times as I try to retreat while verbally threatening to kill me - I have no sympathy for what happens to you.  I won't wait until you actually batter me before using force to stop you if I feel I am in eminent danger of physical harm.  Seems like he fits the definition to me if testimony is accurate.

Which is why we have a court system I suppose.  I don't have the level of information Kellough has nor his depth of the law in this matter - so I'll trust his judgment.  But I hope it is little or no jail time and probation.  If you can't shoot someone coming at you repeatedly saying they are going to kill you, then when can you defend yourself in public?

AGAIN, I understand if it is determined to be an over reaction... I don't have perfect or even the best knowledge.

[Gold]

quote:Originally posted by cannon_fodder

quote: A plea agreement calls for a five-year sentence for Kenneth Ray Gumm, with a background report to be prepared prior to a sentencing set for July 15 before Tulsa County District Judge William Kellough.

Kellough will have the option of putting Gumm on probation via a deferred or suspended sentence, sending him to prison, or some combination of probation and prison.

I worked with Kellough at Boone Smith for a while, seemed like a really sound guy.  I'm interested to see what he think is an appropriate sentence.  

IMHO, you block me in and pursue me multi times as I try to retreat while verbally threatening to kill me - I have no sympathy for what happens to you.  I won't wait until you actually batter me before using force to stop you if I feel I am in eminent danger of physical harm.  Seems like he fits the definition to me if testimony is accurate.

Which is why we have a court system I suppose.  I don't have the level of information Kellough has nor his depth of the law in this matter - so I'll trust his judgment.  But I hope it is little or no jail time and probation.  If you can't shoot someone coming at you repeatedly saying they are going to kill you, then when can you defend yourself in public?

AGAIN, I understand if it is determined to be an over reaction... I don't have perfect or even the best knowledge.

The shooter accepted an agreement.  Does it really matter what the judge thinks? From the sound of things, there was enough evidence to take it to trial.

[Conan71]

If he accepted the deal, then I'd bet it's probation.  He likely did it to save legal costs, otherwise, I think he would have had a good chance with a jury.  Going to trial for a defendant isn't necessarily a bad thing.

[cannon_fodder]

Gold, it matters in that the judge has discretion in the sentencing.  Anywhere from 5 years in prison to 0 days in prison.  With a bench trial there is obviously no jury recommendation and apperently it was not set before the please.
If he feels he violated the letter of the law but still thought it was justifiable, or if he thinks this guy has the public behind him (elected judge) - he could go probation.  If he truely thinks it was an outrageous excessive use of force he can lock him up for 5 years. So I'd say it matters a good deal what the judge thinks.  

Unless I am totally misunderstanding something...

[Gold]

My bad -- I got confused as to whether you were talking about a violation of the law or punishment.  I think he'll get probation or a real short sentence as the DA will ask.

[deinstein]

That would be insane if he gets time in jail, he's no criminal...he was simply defending himself from someone who was threatening him and had the physical ability to do harm.

I'm not even an avid gun rights supporter and I'm on this guys side. Seems like Thorp could be doing better things with his time then going after a civilian who defended himself.

[TulsaFan-inTexas]

I don't know much about this case, but from what I've read on this forum I hope the man gets ZERO years in prison and probation.

BTW, probation is not a resort and IMO he shouldn't be put on even that but I realize the judge will probably have to keep up appearances.

I'm glad that the citizenry of Tulsa and the legal side seem to be pretty level headed in cases such as these.

[TUalum0982]

quote:Originally posted by cannon_fodder

quote: A plea agreement calls for a five-year sentence for Kenneth Ray Gumm, with a background report to be prepared prior to a sentencing set for July 15 before Tulsa County District Judge William Kellough.

Kellough will have the option of putting Gumm on probation via a deferred or suspended sentence, sending him to prison, or some combination of probation and prison.

I worked with Kellough at Boone Smith for a while, seemed like a really sound guy.  I'm interested to see what he think is an appropriate sentence.  

IMHO, you block me in and pursue me multi times as I try to retreat while verbally threatening to kill me - I have no sympathy for what happens to you.  I won't wait until you actually batter me before using force to stop you if I feel I am in eminent danger of physical harm.  Seems like he fits the definition to me if testimony is accurate.

Which is why we have a court system I suppose.  I don't have the level of information Kellough has nor his depth of the law in this matter - so I'll trust his judgment.  But I hope it is little or no jail time and probation.  If you can't shoot someone coming at you repeatedly saying they are going to kill you, then when can you defend yourself in public?

AGAIN, I understand if it is determined to be an over reaction... I don't have perfect or even the best knowledge.

I agree.  If I am in my 60's and some younger guy is threatening me an doing these things which were reportedly done, I would be inclined to do the same thing.  It is tragic that someone lost their life over something so stupid and childish, but from what I have read on situation, I hope the judge takes it easy on him.