Following someone home will get you killed

[AethonFJR]

Again, poor choice by Mough to follow the girls’ home, even if all he intended to do was to get the plate number off the car and file a report.

I just hope the prosecution can present his side in a positive enough light for at least some level of justice to prevail.

 

[xor11]

Again, poor choice by Mough to follow the girls’ home, even if all he intended to do was to get the plate number off the car and file a report.
I just hope the prosecution can present his side in a positive enough light for at least some level of justice to prevail.

In my opinion, it's hard to claim self-defense when you shoot the person in the back, and that person did not have a weapon or step foot on their property.

 

[Fencer]

Gag order sought in shooting

Man faces murder charge

By Adam Thompson | [email protected] | Story updated at 11:50 PM on Tuesday, March 18, 2008

WATKINSVILLE - Richard Harold Gear appeared in Oconee County Superior Court on Tuesday for the first time since he shot and killed a motorcyclist outside his home in Bogart.

Gear's attorney, Edward Tolley, asked Judge Lawton Stephens to return Gear's car, which authorities seized following the Feb. 25 shooting, and to bar sheriff's officials and prosecutors from talking about the case publicly.

The 46-year-old Oconee County native claims he shot 21-year-old Bryan Joseph "B.J." Mough of Winder in self-defense after Mough followed Gear's daughters home to Bogart from a store in Athens.

Gear, who is held at the Oconee County jail, dressed Tuesday in a dark gray suit and tie but remained shackled at the ankles.

Relatives of Gear and Mough attended the hearing.

Concerned about pretrial publicity in the killing, which generated local and national news coverage, Tolley also made an unusual motion for the judge to ask potential grand jurors whether they can be impartial before prosecutors argue for a murder indictment.

"I think the purpose of all of these motions this morning was to slow down the train," Tolley said. "Slow down the publicity train, slow down the emotion, let the lawyers get to work on the case."

Tolley, in court filings, has accused Oconee County Sheriff Scott Berry of making statements to the media that could prejudice potential jurors, including Berry's comments that evidence doesn't back up Gear's claim of self-defense.

He didn't attack Berry or the media Tuesday, however.

"This is a terrible tragedy for both sides, there's no question about that, but I'm amazed that it's engendered the amount of publicity that it has - I think, with all due respect to my longtime friend, the sheriff, possibly due to his exuberance in talking to the press," Tolley said.

Although Gear's attorney is asking for a gag order, he has not asked for the trial to be moved out of Oconee County.

"Rick Gear ... was born and raised in Oconee County, has a right to be tried here," Tolley said. "Contrary to what lawyers often argue, we don't want to be run out of this county by publicity, and we don't want to be indicted by a grand jury that has a fixed opinion based on something they read in the newspaper."

Stephens heard from both sides on the defense's motions and will rule soon on all three.

Prosecutors on Tuesday opposed Tolley's request for authorities to return Gear's 1993 Nissan Sentra, the car that the Gear sisters were driving when they argued with Mough. At some point, the car and Mough's motorcycle collided.

According to a search warrant affidavit used to seize the car, Chelsea and Samantha Gear told Oconee County investigators that Mough cut them off in Athens, then later rammed their car and followed them home after one of the girls made an obscene gesture at him.

But sheriff's investigators doubted the girls' story and have gone to great lengths to reconstruct what happened on the road to the Gears' home in Bogart.

District Attorney Ken Mauldin said Tuesday that prosecutors would like to have the option of presenting the car in its current condition to jurors during a trial.

"There's all kind of evidence that goes to whether a murder occurred in all these circumstances, and what may well have transpired beforehand certainly is going to be evidence, as to the facts of this particular case," Mauldin said.

Tolley contends that deputies seized the car illegally because they did not leave the Gears a copy of the search warrant affidavit when they took it.

Mauldin did not oppose a gag order, though an attorney representing the Athens Banner-Herald argued that the judge should not keep people from speaking publicly about the case.

Gear is scheduled for a preliminary hearing in Oconee County Magistrate Court on March 27.

Published in the Athens Banner-Herald on 031908

 

[Fencer]

Update...

https://onlineathens.com/stories/041908/new...041900128.shtml

Judge finds evidence backs Gear murder charge

Shooting claims at odds

By Joe Johnson | [email protected] | Story updated at 12:11 AM on Saturday, April 19, 2008

WATKINSVILLE - The Bogart homeowner who killed a motorcyclist in late February actually fired twice, then shot the young man in the back, Oconee County Sheriff Scott Berry testified in court Friday, contradicting the man's claim that he was defending himself.

Richard Harold "Ricky" Gear first told authorities that he shot and killed Bryan Joseph "B.J." Mough in self-defense the night of Feb. 25.

"He said he shot (Mough) as he was coming toward him," Oconee County Sheriff Scott Berry testified.

But 21-year-old Mough, of Winder, died from of a single gunshot wound to his back, Berry said.

Leading up to the shooting, Mough and Gear's daughters argued from an Athens department store along Atlanta Highway into Bogart, where Mough's motorcycle and a car driven by 20-year-old Chelsea Gear collided.

Dianna Gear testified she got a panicked call from her daughters that a man was following them, so she yelled for her husband to fetch a gun.

"Why were you concerned?" defense attorney Edward Tolley asked Samantha Gear, 18.

"Nowadays, when a man is following a young lady, it usually ends badly," she replied.

But Oconee County Chief Magistrate Court Judge Eric Norris, who listened to more than six hours of testimony, found enough evidence to support a murder charge and he transferred Gear's case to Oconee County Superior Court to be presented to a grand jury.

The motorcycle and car collided after Chelsea Gear made an obscene gesture at Mough, the sisters testified.

But the sisters also admitted in testimony that Mough didn't intentionally ram their car, as police said they originally reported.

"It could've been intentional, it could've been accidental - maybe more accidental," Samantha Gear testified.

Chelsea Gear said she felt Mough was trying to scare her.

"He turned and looked at me" as Mough passed her car on Atlanta Highway, Chelsea Gear testified. "It was more like a stare, trying to intimidate me."

Mough drove ahead and out of sight as they crossed over the Oconee County line, but Chelsea Gear found herself side-by-side with the biker at a red light in Bogart, as she was turning right toward her home.

"At that point the motorcyclist again turned and started staring at me" to try to intimidate, Chelsea Gear testified. "I thought, 'I'm not going to let this happen' and I gave him the finger."

Mough was headed straight toward Winder, but after Chelsea Gear gestured at him, Mough followed the sisters and pulled alongside their car at the intersection of North Burson Avenue and Elder Street, the women testified.

Samantha Gear said she was on the phone telling her mother that a man was following them.

While she was talking to her mother on the phone, Samantha Gear said Mough made a movement with his arm, and she thought he was reaching for something or preparing to strike the driver's side window. Samantha Gear said she dropped the phone and ducked.

Dianna Gear testified that she heard her daughter say, "Oh my gosh" and the call went silent.

She yelled for the girls' father.

"I told Rick, 'Get the gun and come on,' " Dianna Gear testified.

As the sisters pulled into the family's home on Gear Road, Richard Gear walked down the driveway with a .40-caliber pistol, his wife testified.

Mough drove past, and Richard Gear fired two shots, but his wife testified she didn't see if he was aiming at the biker or firing into the air.

A couple of minutes later, Dianna Gear testified, Mough drove back from the other direction, and a third shot rang out.

Her husband told her to call 911 because "the motorcyclist tried to run him over, so he had to shoot him," Dianna Gear said.

Investigators found no tire tracks or other evidence that Mough drove onto Gear's property, as he claimed, Berry testified.

The 46-year-old unemployed electrician told Berry that he shot at Mough as he drove toward him, but the only wound was in his back, the sheriff testified.

Berry examined Mough's body at the hospital, saw that a bullet had entered Mough's back and exited the stomach, and called a deputy with orders to charge Gear with murder.

"His story that he was acting in self-defense didn't make sense," Berry said.

Published in the Athens Banner-Herald on 041908

 

[madmike2]

Hmmmmm.......

It looks like the evidence isn't supporting the girl's story or the fathers. Isn't it interesting how those involved are trying to modify the statements they made in the beginning (or MAYBE its the reporting). It sounds like the girl's are changing their story.

At least the Judge isn't going to "white wash" this.

Thanks for keeping us updated.

 

[uctofeej]

Based on this story, everyone involved played a role in escalating it at least once while ignoring opportunities to let it go. The number of lives that have been permanently affected by stupidity is sad.

Thanks for the update.

 

[EODSarge]

Just looking at some Georgia law info obtained through the enema-net, this guy could be charged with 2nd degree murder or voluntary manslaughter.We'll see.

Georgia's got murder or felony murder (16-5-1), voluntary manslaughter (16-5-2), or involuntary manslaughter (16-5-3). I work in a nearby county; one of our deputies went with the Oconee sheriff to notify the family of the biker. IMO, this guy (the shooter) is guilty as hell and deserves a murder conviction; and I think they can get one unless the DA really screws something up. Tolley's a decent defense attorney, but his client's story is getting picked apart.

 

[exskibum]

.

 

[Fencer]

Hey Ex

I am privi to info that has not been reported here.

Some small things that matter.

The rider was a new rider of just a few months, so more than likely any collision was accidental.(but how would the girls know)

The rider was making a second pass cause he was in an unfamiliar area and turning around to go home.

The heat of passion arguement goes away with the testimony that he was shot on the 2nd pass a few minutes later

That story def makes it Murder. Just from - not 3 shots in a row bang, bang, bang in self defence, but 2 "warning" or misses on pass 1 then a 3rd when he turned around and tried to leave the area a few MINUTES later. by this time the girls should be "safe" in the house.

As a father of 3 girls, and the owner of several guns, I can feel for the father as it was reported to him, esp with the "oh my god and silence on the phone" part. But DAMN, you have to use your brain when you see dif than what your emotions are telling you.

Lock him up

If any one wants links to the site with lots more info I can post it

 

[EODSarge]

I agree that any indictment for murder in this case will be made as a bargaining tool in the hope of a plea bargain and avoidance of a trial. In all likelihood, it will get plead down to voluntary manslaughter. However, any claims of self-defense, despite the skills of Mr. Tolley, kind of fade in light of the fact that the victim was shot in the back while leaving. He can't claim an immediate fear for his life at this point.

Hell, hang 'em, I say. Although that might be the beer talking.

 

[Flylooper]

Thanks for posting that, Fence. It's a good incentive for turning the other cheek.

Here in 'Merica we don't turn nothin.' We shoot and ask questions later. <_<

 

[Pjturbo]

Thanks for posting that, Fence. It's a good incentive for turning the other cheek.

Here in 'Merica we don't turn nothin.' We shoot and ask questions later. <_<

Damn right. Anybody who dosn't agree is unpatriotic.

Phil

 

[Bugnatr]

And I still say, Get A Rope let's string em' up.

 

[kulwen]

Link

Updated info:

An Oconee County grand jury has indicted 45-year-old Richard Harold Gear on murder charges in the shooting death of 21-year-old Bryan Joseph "B.J." Mough.

After reviewing all of the evidence in the case, Jurors returned a six-count indictment, charging Gear with malice murder, felony murder, aggravated assault and possession of a firearm during the commission of a crime.

Following the jury's decision, Chief Judge Lawton Stephens denied Gear's request for bond.

"The court is unable to find that the defendant poses no significant threat or danger to the community," Lawton said.

Gear has been behind bars since February when he was arrested for shooting Mough.

According to police, Gear's two daughters, ages 17 and 19, called their father from their cell phones on the evening of Feb. 25, and told him that Mough was following them on a motorcycle. The girls allegedly said that the incident started when they made obscene gestures at him after he cut them off in the Target parking lot. The girls also claimed that Mough had run his motorcycle into the back of their Nissan Sentra.

When the girls pulled up to their family home, Gear was standing in the driveway with a loaded .40-caliber semi-automatic handgun. Mough initially continued driving down the road but then turned around to pass by the house again. When Mough drove by the second time, Gear raised his handgun and fired multiple shots. One of the bullets struck Mough in the back. Gear then called 911 and reported the shooting, allegedly claiming that he had fired the gun in self-defense when Mough attempted to run him over with the motorcycle. When paramedics arrived on the scene, they transported Mough to a local hospital, but he was pronounced dead upon arrival.

"I don't know how you can legally shoot someone in the back on a motorcycle and then claim that he was trying to run you down," Oconee County Sheriff Scott Berry told ABC News.

Gear's daughters later admitted that Mough had not rammed their vehicle with his motorcycle. In addition, an investigator allegedly found that there were no tire tracks or other evidence to support Gear's claims that Mough had attempted to run him over.

A trial date has not yet been set.

 

[Fencer]

I haven't posted an update casue nothing has really changed. Trial is to be in the Fall

From Brians Mother on Friday

At 8:55 am the judge decided since Tolley was there, to go ahead w/out the DA present(We didn't go in till 9am), even though he was told the Mr. Mauldin should be arriving shortly (he walked in the court room at 9:01. Gear and Tolley were already out of the court room and standing with Gear's parents. Wife and Daughter Samantha had already left.
We didn't think he would plead Guilty. But we are surprised at the "serveral" motions. The one about the emmunity from prosecution isn't going to stand, because there is proof that Bryan was on the road and not on gear's property. Not surprised about that one, was warrened that Tolley might file that one. There was NO VERBAL altercation between the daughters and Bryan. Not even in the preliminary hearing. Yes an altercation did occure between the car and bike, but the time and place are all onesided because Bryan can't speak for himself. We just have to wait to see the evidence that the Oconee Sheriffs Dept has gathared along with the DA's investigators and go from there.

We do not know what the other motions are, but hope to find out by monday or so.

Not sure when Trial will start but we've been told fall...

Not surprised the AB-H has posted something so soon.(12:30 pm)

Parent interview

 

[madmike2]

Thanks for the updates. It SEEMS that the evidence is painting a different picture than the initial reports.

Gear's daughters later admitted that Mough had not rammed their vehicle with his motorcycle.

Excuse me...that means they falsified a Police Report?!? I still think they should be charged with something: Abetting? Conspiracy? Their story enraged the father......

 

[keithaba]

Thanks for the updates. It SEEMS that the evidence is painting a different picture than the initial reports.

Gear's daughters later admitted that Mough had not rammed their vehicle with his motorcycle.

Excuse me...that means they falsified a Police Report?!? I still think they should be charged with something: Abetting? Conspiracy? Their story enraged the father......

I think spending every day remembering the fact that their stupid behavior resulted in their father spending a long time behind bars is partially suiting, although legal charges would be nice too.