Fair week continues through Saturday with all the sounds of the huge Midway, the thrill of children’s voices, and the chance to catch up with friends you haven’t seen since last year’s Fair.
The McMinn County Living Heritage Museum’s iconic schoolhouse quilt has been replicated on an 8-foot-square block and installed above the museum’s front entrance as part of the Appalachian Quilt Trail program.
Lexis Barnes enjoys a ride on an inflatable slide at Copper Basin Riverfest last Saturday.
Robert (Bob) Prince, 52, is recuperating at Erlanger Medical Center.
15:38
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February
2010
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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, “IfI 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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