A former security guard who said he feared for his life was not justified in shooting another man, the D.A. says.

Tulsa County District Attorney Tim Harris charged a retired security guard Monday with first-degree manslaughter, saying the suspect had no justifiable reason to shoot a man to death during a road-rage dispute.

Kenneth Ray Gumm, 67, who is CLEET-certified and has a concealed-carry license, told police that he felt threatened by Dale Turney, 47, when he shot Turney in a River Parks parking lot June 10.

An autopsy report shows that Turney's blood-alcohol level was 0.8 -- meaning he was legally too drunk to drive -- and that he had methamphetamine in his system when he died.

Harris said he decided to file the manslaughter charge after an investigation in which he personally interviewed witnesses, looked at photographs and researched toxicology reports.

Oklahoma's "Stand Your Ground" law, which went into effect Nov.1, allows people to use deadly force in certain conditions in which they have "a reasonable fear of imminent peril of death or great bodily harm," according to state statute.

But Harris said that "deadly force wasn't justified in this situation."

For the Stand Your Ground law to apply, the prosecutor said, the person against whom deadly force is used must be entering a residence or vehicle or trying to remove someone forcibly from the dwelling or vehicle.

Harris said Gumm had no reason to believe that he was in imminent danger and that he wasn't being pulled from his vehicle by Turney.

Another section of the Stand Your Ground law indicates, however, that the attack can take place "in any other place where he or she (the shooter) has a right to be."

Harris said he expects that Gumm will surrender to authorities.

Gumm was not in the Tulsa Jail late Wednesday, and telephone calls to his home were not returned.

The events that led to the shooting began when Turney received a call from a friend, Charles Geltz, who asked for a ride home from a Brookside bar because he was too drunk to drive, according to a police affidavit.

Turney picked him up, and as Turney was driving north on Riverside Drive, Gumm pulled out in front of him at 26th Street, according to the affidavit.

Gumm drove north on Riverside before slowing seven blocks later to turn left into a parking lot near 19th Street.

Turney yelled at Gumm, made an obscene gesture and followed him to the parking lot, the affidavit says.

Gumm parked his 1992 Honda, and Turney parked his 1991 Ford Escort behind him, blocking Gumm's car, according to the affidavit.

Turney then walked toward Gumm, who got out of his car holding his .38-caliber Smith and Wesson revolver, the affidavit says.

Gumm described Turney as being in a rage and told police that Turney said, "You're history," according to the document.

Gumm told investigators that he took that statement as a threat against his life, the affidavit says.

Police had said after the shooting that Gumm said he warned Turney that he had a gun and that because of health problems, he couldn't run away or fight him.

Gumm also told investigators that he "backed away from Turney approximately two times around his (Gumm's) car" before Turney pushed his shoulder, according to the affidavit.

Turney was shot once in the chest during the confrontation. He was taken to St. John Medical Center, where he was pronounced dead.

Gumm said he didn't remember whether his gun went off when he was pushed or if he consciously pulled the trigger, the affidavit says.

Gumm has a license to carry a concealed weapon and is certified as an armed security guard by the Council on Law Enforcement Education and Training.

If convicted of the manslaughter charge, he could face four years to life in prison, according to the District Attorney's Office.

Excerpts from Oklahoma’s Stand Your Ground Law

The law applies if:

“The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, or occupied vehicle; . . .

“(But) a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

Oklahoma Statutes Title 21, Chapter 53, Section 1289.25

Deon Hampton 581-8413
deon.hampton@tulsaworld.com