September 3, 2010 - 06:03
     
Pike guilty of first degree murder
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Clayton Pike Jr., 48, has been found guilty of first degree murder in the shooting death of Steven Gargala.

Clayton Pike Jr., 48, has been found guilty of first degree murder in the shooting death of Steven Gargala. The conviction, handed down by a jury after more than five hours of deliberation, carries an automatic life sentence. Pike will not be eligible for parole for 51 years. He was also found guilty of the misdemeanor charge of reckless endangerment for a second shot fired.

The shooting took place on June 28, 2008, when Pike and Gargala exchanged words on Chestuee Road, where Gargala and others were riding four-wheelers in front of Pike’s home. The state, led by Assistant District Attorney General Drew Robinson, portrayed Pike as a gun-happy man who had confronted four-wheelers in the past and finally found one who would not back down. Pike’s attorney, Larry Wright, attempted to draw a picture of the Gargala family drinking and planning to show Pike that he did not control the public road in front of his house.

Robinson said after the trial that it was a tragic incident. “You don’t need to take the law into your own hands with guns,” he said. If Pike had called the Sheriff’s Department over the dispute, he said, Gargala would be alive today and Pike wouldn’t be going to jail for 51 years. As the legislature loosens up gun laws, he said, there will be more people with guns, and that lends itself to the type of behavior we had here. He said he wished more people would use the court system.

Among those testifying for the state were Craig Crawford, who was on the gator-type four wheeler with Gargala, Carolyn Gargala, wife of the victim, and Anthony Brazier, who was riding with Mrs. Gargala. Det. Kevin Cole and forensic experts also testified. After Pike and his family members testified, the state brought several rebuttal witnesses, Bobby Long Jr. and Blake Burris.

There was no question that Pike had killed Gargala; he admitted that on the stand, although his initial statement to Cole offered varying explanations. What it boiled down to was whether it was self-defense or a variety of guilty judgments, from first degree (premeditated) murder to criminally negligent homicide.

Carolyn Gargala testified that Pike said after the shooting that her husband got what he deserved. Brazier said he saw Pike put his gun in Gargala’s face.

Pike testified that he took the gun when he went to talk to the four-wheelers because he wanted to scare them. He said he had had an encounter with Gargala about six months earlier, adding Gargala had a reputation for being a hothead and a big drinker. During the night in question, Pike said he heard shots and the four wheelers going by five or six times. When he got to the road, Gargala and his passenger pulled alongside, Pike said, adding Gargala seemed to be drunk. Pike said he told Gargala to stay off the road and stop shooting toward the house, to which Gargala said he didn’t have to leave a public road. Gargala had a gun in his hand and was waving it around, Pike said, so he got his gun off the console and said he had a gun too.

Pike said the passenger was trying to get Gargala’s gun away from him. Gargala, he said, pushed Pike’s gun into his face, cutting into his nose, then took off. Pike said he just reacted, looked back, raised his gun and fired. “It was just a reaction. There was a chance he could turn around and shoot at me,” he said, adding, “If  I had it to do over I would call the cops.”

He said he did not fire at the passenger, although other testimony was that there were two gunshots. He said he saw Gargala’s four-wheeler run off into a ditch and went to help, turning his Explorer so the light would shine on the four-wheeler and then helping to get the vehicle off the victim. Other witnesses disputed Pike’s claim that he rendered help, including his statement that he later held a towel to the wound to help stop the blood.

He said he returned to the house and asked his wife to call 911, but she said he should make the call. He told her to put the gun up. He and his daughter returned to the scene, where he said Mrs. Gargala was abusive with her language toward him. He added, “She had every right to be.” He waited until the Sheriff’s Department arrived and was taken into custody. Pike admitted lying to Det. Cole at first but said he was telling the truth now.

Earlier, Pike had testified about several occasions where he had confronted four-wheelers, noting they would dump all sorts of things on his property and go “mudding” in a swampy area. He said he usually brought his 357 Magnum but never pointed it at anyone. On one occasion, he shot into a bank to try to get a vehicle to stop. Pike said he had called the Sheriff’s Department in the past but there was no response.

Mrs. Pike, who often went with him, said he was not aggressive during the confrontations, noting he was a gentle person. She said there were often four-wheelers riding down the road late at night disturbing them.

On the night of the shooting, she testified, she did not hear any shots because she was taking care of her grandchildren while their parents slept before heading to Florida. She said Pike came in and was covered in blood from the nose injury. She said she put the gun under the mattress because she didn’t want it within reach of the children and could not reach its normal place in the closet.

Kelly Shumate, Pike’s daughter, said she had gone with her father once before to ask four-wheelers to leave, adding it ended nicely. On the night in question, she said she heard one gunshot, then saw her father come in with blood all over his face and chest. After cleaning him up, she went with him to the scene, where she said her father helped put pressure on Gargala’s wound.

Two rebuttal witnesses contradicted Pike’s statement that he had not pulled a gun on others. Blake Burris said Pike chased him to his house, pointed a gun at him and cocked it. Burris said he apologized but did not remember shaking hands with Pike, as Pike said he did. On a second occasion, he said Pike followed him and he heard a couple of “pops” but did not stop at his house and later lost his pursuer.

Bobby Long Jr. testified that Pike pulled a gun on him and his wife while they were four-wheeling around 11 p.m. about two weeks before the shooting. Long’s wife is the daughter of Craig Crawford, Gargala’s passenger the night of the shooting. The incident ended when his wife’s friend pulled up behind them and introduced herself. Long said Pike uncocked the gun and shook her hand. He said they told Gargala about the incident but did not report it to police.

Pike’s attorney used this incident to try to show the Gargalas were looking for revenge when they went past Pike’s house that fateful night, but the state insisted it was proof that Pike was dangerous, saying Gargala was the first one who didn’t apologize for being on a public road. In closing arguments, Steve Hatchet asked what Steven Gargala had done to have his life snuffed out. “He died because he stood up to Clayton Pike. He was not going to back down, to have a gun stuck in his face. When Steve Gargala stood up, Clayton Pike decided to kill him.” He said Pike showed no remorse on the witness stand and pointed out Pike’s lies during the initial interview with Det. Cole.

Larry Wright said trespassing had been an ongoing problem for Pike, who is disabled with back and nerve problems. He said the Gargalas had been drinking and decided to go down there and tell Pike he couldn’t tell them what to do. Pike, he said, responded to hearing gunshots. He said Gargala was the first to raise a gun and, within a matter of seconds, shoved Pike’s gun into his face and took off. Wright told the jury no one intended for anyone to get shot, but the Gargalas wanted a confrontation and knew gunshots would get Pike to come down to the road. There was no premeditation, he said, adding it happened because the gun was shoved into Pike’s face.

The state countered by saying there was no proof the Gargalas went to sucker Pike and no proof that shots had been fired. Hatchet noted that Pike had no right to tell people they could not ride on a public road.

 

 

 

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