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Plea deal reached in fatal shooting
The River Parks death reportedly stemmed from a confrontation over a traffic dispute.

FIRED SHOT

Kenneth Ray Gumm: He pleads guilty to a charge of first-degree manslaughter.

 
By BILL BRAUN World Staff Writer
Published: 5/30/2008  2:08 AM
Last Modified: 5/30/2008  2:19 AM

The River Parks death reportedly stemmed from a confrontation over a traffic dispute.



A retired security guard pleaded guilty Thursday to first-degree manslaughter in a fatal shooting that happened in a River Parks parking lot during a reported road-rage confrontation.

A plea agreement calls for a five-year sentence for Kenneth Ray Gumm, with sentencing set for July 15 in Tulsa County District Judge William Kellough's court.

Kellough could put the Tulsa man on probation via a deferred or suspended sentence, send him to prison, or impose some combination of probation and prison.

The plea deal indicates that if Kellough deems it appropriate, a prosecutor will not object to a deferred sentence, which would give Gumm a chance to avoid a conviction.

Gumm, 68, waived his right to a trial, which was scheduled for next week, on a charge in the death of Dale Turney of Sand Springs.

Gumm told police that he feared for his life when he shot Turney, 47, about 4 p.m. June 10.

Assistant District Attorney Jack Thorp said he did not believe the shooting was a proper use of deadly force.

Gumm remains free on $10,000 bond.

Deneka Turney Cain, a niece of Turney's, said family members had been through a "horribly excruciating year" and "were very glad to see the man who killed our loved one plead guilty."

Regarding Gumm's punishment, "of course we want him to have a conviction," she said

Gumm "shot and killed an unarmed man," said Cain, who indicated that she thinks the plea provides vindication for her slain uncle.

The defense lawyers, Larry Johnson and Franklyn Casey, stressed in an earlier filing that police — after interviewing Gumm and witnesses — did not arrest Gumm, "who is not only licensed to carry a concealed weapon but a CLEET (Council on Law Enforcement Education and Training) trained and certified armed security guard."

Johnson said Thursday that he thinks as a result of the case, Gumm will not be able to carry a firearm.

In a document supporting his plea, Gumm indicated that he had told Turney that he had a gun and that he held it in a manner to make sure that Turney saw it, but that did not stop Turney from assaulting him.

"I thought my life was going to end, so I pulled the trigger to stop him, not kill him," according to Gumm's written version of events.

A police affidavit stated that Turney was driving north on Riverside Drive and that Gumm turned north onto Riverside from 26th Street, "apparently in front of Turney."

Gumm turned left into the parking lot at 19th Street and Riverside, and Turney "parked behind Gumm's car, blocking it in," that affidavit states.

The defense lawyers asserted in a document filed Nov. 30 that Gumm had the right to defend himself against a man who threatened to kill him, and that Gumm "retreated around his car two times while pointing a gun at the assailant who got close enough to shove Gumm."

Responding to that filing, Thorp maintained that there clearly was evidence that Gumm "was not justified, in the circumstances that existed, to use deadly force in defense of a misdemeanor assault and battery."

Cain said the defense dragged her uncle's name through the mud and claimed that he used illegal drugs, "which is simply not the case."

First-degree manslaughter carries a minimum sentence of four years in prison and allows the possibility of a life sentence.






Bill Braun 581-8455
bill.braun@tulsaworld.com
By BILL BRAUN World Staff Writer

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Report Comment
Kevin, (5/30/2008 5:25:27 AM)
So now you have to let people assault you on the streets?
The DA should be proud that they had more than enough money to outlast this guy and railroad him into a plea.
What a crock. Other guy was drunk and high as I remember it, if not he was sure stupid for chasing around a fella with a gun. Idiot should have stayed in his car and he would still be alive. Beat on a guy almost 70 yrs old and you should get shot.
Report Comment
Michael Phillips, Tulsa (5/30/2008 6:35:15 AM)
The family member was the only one who mentioned the drugs and she was denying that it was true. Where was the mention of the alchol. Thanks for the coverage Tulsa World. Kevin, I too remember the issue of the meth. and the 0.08 alcohol level that was in the deceased's blood stream. He was supposed to be a designated driver. This story made no sense to me before I learned of the results of the blood test. If I am angry enough to chase someone in a parking lot, and I have never been that angry, I will cool down quite fast when I see a hand gun pointed at me.
I was certain that information was going to come out that Mr. Gumm had somehow unintentionally provided evidence against himself when I read earlier that he was being prosecuted. I just knew there must have been more to the story.
Now I learn that Mr. Thorp considers, "misdemeanor assault and battery", on a 67 year old no big deal.
Report Comment
Isaac Parker, Tulsa (5/30/2008 6:37:20 AM)
Kevin, you got it right. The incompetant DA office should be ashamed for pursuing this case. Now we'll get to see how Okie justice works at sentencing time (Tulsa County District Judge William Kellough). When you have some drug crazed nut-case pusuing you in a road rage incident...don't defend yourself...let them kill you.
Report Comment
Graychin, Eucha (5/30/2008 7:39:11 AM)
Was Gumm on his way to the River Parks parking lot, or did he pull in there to confront Turney?
Report Comment
rod, (5/30/2008 8:55:40 AM)
This has to be a situation where the DA doesn't want to promote shooting in the streets, and Gumm will get a deferred sentence. And responding to an earlier comment. If BOTH of them had stayed in their car, a great deal more trouble could have been avoided.
Report Comment
RockBoston, (5/30/2008 8:58:19 AM)
This is why we have the concealed carry permit. It helps keep people that have no sense at the end of the gun. Honestly most people shoud see the gun and stop. If they don't stop they need a warning shot. If that dosen't get them to stop they probally need to be shot. All efforts to call police of flag someone down should happen first. The more people that witness the assault the better chance that your actions will be just fine.
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RockBoston, (5/30/2008 11:07:54 AM)
Proud Democrat,,,,,you live in a Republican state. Cops feel safer when they pull soomeone over that has a concealed carry. They know that that person isn't going to hurt them. I read the story and I don't see where it says murdered anyone. He wasn't drunk with power. He excessivly defended himself. Would you rather he have been beaten? So you advocate violence against near 70 year olds? Had the man with the gun been beaten down you would be preaching a differnt story, that's what dumbocrats do. If you were being assaulted and you had a gun what would you do? Would you take it , or would you try to stop it?
Report Comment
michael andrew, (5/30/2008 1:02:28 PM)
TO PROUD DEMOCRAT IN OWASSO...
how would you feel if you were chased around your car & your life was threatened by a drunk who was also hopped up on meth? i suppose you wuld have just called 911 & waited on the police to arrive?
concealed carry wouldnt have applied to this guy because he was CLEET certified & could carry a gun anyhow!
typical liberal......
Report Comment
Sheynne, (5/30/2008 2:54:33 PM)
My thought exactly Graychin.
Even if he was goint to the parking lot he should have not pulled in he should have used cell phone which he probabaly had and called for help. If he felt he had to pull over why not somewhere populated like a QT or something. A parking lot, yeah they were pulling in to dike it out you can bet that was a huge mistake on both of their parts I think.
Report Comment
Sheynne, (5/30/2008 2:58:27 PM)
Duke it out,,,lol
I don't guess there were any dikes involved....

Report Comment
augustus, (5/30/2008 4:06:56 PM)
Gumm shot and killed an unarmed man. It was perpetrated in broad daylight with no less than 10 bystanders and 4 eyewitnesses. It was daylight and sunny. Eyewitness accounts say: Turney was angry and "school yard shoved" Gumm. Gumm was never in danger of being killed BECAUSE HE GOT OUT OF HIS CAR WITH A LOADED FIREARM COUPLED WITH THE TRAINING TO USE IT. People are up in arms because they believe this case is indicative of the government trying to infringe on their gun rights. This is not so. Justified shootings occur in Tulsa all the time, and the shooter is not charged. Guns are ok. This is Oklahoma. However, If you are going to use a firearm to defend yourself and kill an unarmed man, you better really understand the law. Make my day does not apply to this type of situation. Self-Defense, is based entirely on NECESSITY. Only one person has told the version of this event that has everyone up in arms and that is the version of the Defendant who has a self-interest. Four other uniterested eyewitnesses tell a version of what occurred that DOES NOT JUSTIFY the use of deadly force.
Report Comment
Crock, (5/30/2008 4:56:24 PM)
Crock
D A Tim Harris should know he does get my vote again for pursuing this noncase. Turney was drunk and driving and toxicology said on Meth,who knows for how many days.He had to be crazed and out of his mind to do what he did. What "GOOD" person follows a 68 yr. old man with health problems into a parking lot, blocks his car in so he cant get away,tells him he is history,(DEATH THREAT FOR YOU LIBERALS), backs the man around his car twice after the man pulls his gun ,Tells Turney he is going to shoot if he does not back off.Turney was just a hyped up bully. Case Closed. Gumm Not Guilty.
Report Comment
SamSpade, (5/30/2008 6:58:02 PM)
augustus, your statement about the eyewitnesses is untrue.

This is about a D.A. using unlimited budgets to force a plea deal. The D.A. can gamble with all these cases because if he loses he still gets to go home at night, but the defendant is gambling with his life.

Remember this D.A. was forced by a grand jury to try a homeless man that he believed used justifiable force.

We should not have to be afraid and run from the bullies that threaten us.
Report Comment
Michael Phillips, Tulsa (5/30/2008 7:37:27 PM)
Crock, did you leave a word out of your first sentence?
Report Comment
waynes world, (5/30/2008 7:55:22 PM)
Proud Democrat In Owasso, what a joke! The mistake this guy made was that he got out of his car and shot the guy instead of staying in the car and shooting him after he broke into his car.
Report Comment
Mr. Brown, (5/30/2008 9:07:10 PM)
Turney deserved to get shot for threatening and chasing a person who had already brandished the firearm. How foolish
and stupid can a person be?!
The real travesty is a person has seemingly lived a law-abiding life for 68 years may just die in prison for protecting himself.
Report Comment
cherry74129, (5/30/2008 9:48:50 PM)
I agree, Mr. Brown. I knew this family and this guy would not have harmed this guy if he didn't feel he was being threatened. The Turney's shouldn't be saying such foolish nonsense against Mr. Gumm. The Turney family should look in the mirror before slandering the Gumm family. Of all things, the Turney's protrayed themselves as good people when all along this guy was on meth. I don't feel the least bit sorry for the Turneys. I'm glad this sorry fool is gone and off my streets. I'd hate to have to run into him somewhere. You just don't know what kind of nutcases are out there driving in our streets. They should let Mr. Gumm go. It will be a shame to see him spend the rest of his life in jail.
Report Comment
TumblingDice, (5/30/2008 11:01:06 PM)
michael andrew,
TO PROUD DEMOCRAT IN OWASSO...
how would you feel if you were chased around your car & your life was threatened by a drunk who was also hopped up on meth? i suppose you would have just called 911 & waited on the police to arrive?

Hehe. And what would be wrong with doing exactly that? Too "wimpy" for ya?
Report Comment
ratandrea, (5/31/2008 10:18:40 AM)
I think it's absolutely ridiculous that Jack Thorpe is going to prosecute Mr. Gumm who is 67 and who felt physically threatened (and who was verbally threatened) by a man 20 years his junior! Why should Mr. Gumm wait to get his rear beat and possibly killed? Jack Thorpe says "...there was evidence that Bumm was not jusified, in the circumstances that existed, to use deadly force in defense of a misdemeanor assault and battery." How the heck does Jack Thorpe know what kind of beating it would have been? I applaud Mr. Gumm for not waiting to find out.
Report Comment
ratandrea, (5/31/2008 10:19:59 AM)
People should quit threatening other people, or at least they should be willing to face the consequences of their threats. You never know how your threat is perceived by the person you are threatening.
Report Comment
Crock, (5/31/2008 11:43:34 AM)
Michael Phillips you are correct, I did leave a word out of my comment in the first line. DA Harris WILL NOT get my vote. Why is he wasting taxpayers dollars on this case?
Report Comment
agent 99, (7/31/2008 4:48:58 PM)
Just curious.. are any of you racing for the position to make decisions for which you'll be criticized endlessly? Hello.. there has to be balance in the system. Debate on opposing stands is what makes this country the slight democracy it is, is it not? Why criticize the people who are doing their jobs maintaining that balance?? Argue and debate the facts and issues, but it is pointless and absurd to attack the people who stick their neck out to protect even the ungrateful citizens!
 

 
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