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Old 08-22-2008, 11:00 AM   #1
Ulric
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Bogart Mcshooting update...

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Suspect in cyclist death headed to trial this fall

Defense withdraws motion
By Joe Johnson | joe.johnson@onlineathens.com | Story updated at 11:46 pm on 8/21/2008


WATKINSVILLE - A Bogart man who claims he killed to protect his family is headed to trial on charges he shot a motorcyclist in the back.

Attorneys for Richard Harold "Ricky" Gear on Thursday withdrew a motion to dismiss murder charges in the Feb. 25 shooting death of Bryan Joseph "B.J." Mough on grounds a 1998 state law grants him immunity from prosecution for killing in self-defense.

"For various reasons, I just determined it was not an appropriate motion to bring," lead defense attorney Edward Tolley told Western Judicial Circuit Chief Judge Lawton Stephens during a hearing Thursday afternoon.

Stephens scheduled Gear's trial for Nov. 17 in Oconee County Superior Court.

Gear, 46, is charged with malice murder, felony murder, aggravated assault and three counts of possession of a firearm in the commission of a crime.

He claims he shot Mough in self-defense because the 21-year-old Winder man menaced his daughters during a traffic dispute and Mough tried to run down Gear as the motorcyclist drove past his home after Gear's daughters returned.

There was no evidence that Mough tried to hit Gear, according to authorities, who said one of the man's daughters may have instigated a dispute with Mough by making an obscene gesture before the car veered into the motorcycle as they were driving side-by-side.

Mough's parents welcomed a trial.

"I'm glad it's going to trial," said Tani Mough, who attended the hearing with her husband, Mike Mough. "But it would be a lot better if (Gear) just admitted his guilt instead of dragging his family and our family through the whole (trial) process."

Tani Mough wore a large button with her son's name and photograph, and the years he was born and died.

Though he set a trial date, Stephens still has to resolve several pre-trial motions.

Defense co-counsel Ronald Houser on Thursday argued it would be unconstitutional for a jury to consider both malice and felony murder charges because it places Gear in danger of double jeopardy.

Jurors can find Gear guilty of one or the other murder charge, but not both, the attorney said.

Stephens said he will rule later.

The defense also had asked the judge to move the trial out of Oconee County because they said potential jurors had been tainted by publicity. Prosecutors and defense attorneys on Thursday agreed to allow Stephens to decide if the trial should be moved based on answers people give during the jury selection process.

Gear continues to be held without bail at the Oconee County Jail.
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Old 08-22-2008, 11:08 AM   #2
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keep us updated wiht this. i want to knot the outcome
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Old 08-22-2008, 11:21 AM   #3
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WHERES THE LINK TO THE FIRST THREADS ABOUT THIS......
FOUND IT

http://www.motohouston.com/forums/sh...ight=Mough%27s

http://www.motohouston.com/forums/sh...ight=Mough%27s




I HOPE THIS GUY GETS TIME
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It makes me cry, but real tears not the ones out of my like usual.

Last edited by Cherub; 08-22-2008 at 11:23 AM.
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Old 08-22-2008, 11:24 AM   #4
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It's really crazy that he's saying it was self defense... ?
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Old 08-22-2008, 11:34 AM   #5
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Talking

He is just a bag of chit.
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Old 08-22-2008, 02:21 PM   #6
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Originally Posted by squoddybody View Post
It's really crazy that he's saying it was self defense... ?
It's the only option he's got short of admitting he was wrong and throwing himself at the mercy of the court.

...but he's farked in the head and doesn't want to admit what that what he did was wrong. So they continue to push the 'defense' option, I imagine hoping for sympathy from the jury hoping to get off lite. It is comforting at least to know that his has been behind barrs the whole time.
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Old 08-22-2008, 02:23 PM   #7
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Quote:
Originally Posted by gunshotwound View Post
He is just a bag of chit.
yes
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Old 08-22-2008, 02:45 PM   #8
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Quote:
Originally Posted by gunshotwound View Post
He is just a bag of chit.
couldn't have said it better myself.
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Old 08-22-2008, 02:47 PM   #9
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Shooting someone in the back is self defense, Yea thats gonna fly, prolly his little hoes fault anyway
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