Penny Waldroup, victim of an October, 2006 attack by her estranged husband Brad Waldroup, will appear Monday January 16 on Dr. Phil.
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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.
The governor’s proposal to increase class sizes in the elementary schools, and to base the state’s payments on those maximums, could mean a significant loss of revenue for teaching positions in Polk County.
Video surveillance has been installed at the county’s convenience centers to identify people leaving garbage outside the fence at the convenience centers or throwing it over the fence when the centers are closed.
The collision happened around 6:45 a.m. Dec. 28 when a westbound truck carrying around 20 tons of calcine lost control coming around a curve on Hwy. 64 and flipped on its side.
Board members spent a majority of the meeting listening to a laundry list of ranging from mold issues to the proper wording on “no smoking” signs on the outside bleachers.
The state’s report card provides achievement scores showing the amount of knowledge students have, and value-added scores showing the gain in test scores, or lack of it.
While there was some improvement last year, it was not enough to overcome low scores after the state raised standards in 2009; there were also some declines.
While the big race nationally is for President, there are several countywide races on tap, as well as School Board, constables, and municipal elections.
Lee University’s Encore Program, which offers people age 60 and over the opportunity to take university courses, has a new line up of specially-designed mini-courses for the spring.
Horse Trainer and owner of Double S. Stables, Randy Speegle of Benton took second place in the Legends division at the Mustang Challenge in Murphreesboro on October 21st – 23rd.
Local residents got their first look at potential routes for a Copperhill-McCaysville Bypass, at a public information open house held last Thursday by Project Engineers for the Georgia Department of Transportation.
Tennessee Agriculture Commissioner Julius Johnson has authorized a statewide referendum for cattle producers to vote on a $0.50 per head increase in the assessment to fund the in-state promotion of beef.
While some students may be nervous about how the upcoming exams could affect their college options, the Tennessee Electronic Library (TEL) has the tools they need to succeed.
Principal Mrs. Patricia Smith proudly announces the Copper Basin Elementary 1st and 2nd honor students. Students must have a 93 or higher average in all classes for the 1st honor roll.
Mrs. Deborah Swafford of Old Fort, was chosen by Northwest Elementary Faculty in Murray Co, Georgia to be Teacher of the Year for the 2011-2012 School year.
On Oct. 7, with the help of Vice Principal Turner, who kept her out of class for a few minutes to get it set-up, The Senior English 12 Class threw a Surprise party for Mrs. Ellen Carr.
On Wednesday September 20, Ms. Bigham's English 11 class gave their book reports. One of the students, Tyler Queen, dressed up for his book report on Harry Potter.
In an effort to provide added security measures at Cleveland State, the college has purchased Code Blue emergency blue light pedestals to be placed in different locations throughout the main campus and one at the CSCC Athens site.
Virginia Deloris Brown Trantham, affectionately known to family, friends and coworkers as “Sally”, age 77, of Copperhill, TN passed away Tuesday, January 24, 2012.
Peggy Wood, 79, of Ventura, CA went to be with her Lord and Savior on December 26, 2011. Peggy passed away after a long battle with Alzheimer’s Disease
I just wanted to say a big “Thank You” to Cheryl Maxwell, Mayor Stephens, Linda Caldwell, and others who planned and carried out a very successful 2nd Annual Heritage Days festival in Benton.
There is an old saying, which many credit to Native Americans as advising, “You can’t really understand someone else, unless you live their life or walk in their shoes (so to speak).
Photo from 1910 provided by Bill Lillard shows the family of Calvin Higdon, who built the Higdon Hotel in Reliance. Calvin (1836-1919) and Amanda Linderman Higdon (1845-1926) were married in 1860.
From Polk County News, 9/13/34
Famous Monroe County Hotel Is Now No More
People from All Over South Visited the “Saratoga of the South” in the Good Old Days.
The Museum Center at 5ive Points will host a presentation on Learning to Care and Maintain Your Featherweight Sewing Machine by Stan Pegram on Saturday, February 11 from 10:00 - noon.
Sequoyah Birthplace Museum is offering a Cherokee language class in Vonore, TN on the following Mondays, January 9, 16, 23, 30, 2012 from 6:30 p.m. – 8:30 p.m.
Each day kids will create their own holiday spirit by making decorations, learning games and trying foods from the past. Campers are asked to bring a sack lunch.
The Museum Center at 5ive Points with the Sassy Brass Big Band invite you to a Christmas concert called “Swing into Christmas” on Tuesday, November 29.
“It was like seeing a freight train coming down the tracks 90 miles an hour and trying to stop it by stepping in front of it”, Coach Danny Rogers said.
After a week off, the Copper Basin Cougar football team regrouped to break a three game losing streak by defeating the Marion County Warriors 41-18 at Cougar Stadium.
The Copper Basin Medical Center’s District Board honored Dr. William E. Lee last week. Dr. Lee, 85, has spent a lifetime in service, not only to the community but to the world through his medical mission trips.
EPA is proposing actions to improve the water quality of the Ocoee from Copperhill to Dam No. 3, at Dam No. 3, and at the upper reach of Parksville Dam.
The Ocoee River Outfitters Association will conduct a stream cleanup with the help of approximately 130 volunteers on Friday, May 27, 2011 starting at 9:00 am.
Beginning in mid-January culverts will be replaced on Sina Branch Road where it crosses Sawmill Branch in the Ocoee Ranger District in Polk County, TN.
Drawdown is underway at Apalachia Lake, according to David Bowling with River Operations at TVA. He said the lake will drop 18-20 feet for routine maintenance work.
Trout stocking will be reduced about 20% in the coming fiscal year and could be reduced 85% after that, according to Frank Fiss, Assistant Chief of Fisheries at the Tennessee Wildlife Resources Agency.
TVA has created a smartphone app for those wanting to check on reservoir elevations, water release schedules and more. The information has been available online, but the new app will allow access by cell phone.
Unseasonably high temperatures -- in the 90s -- are sending folks to the water. The Ocoee Whitewater Center is a popular place when the river isn't flowing, and the Hiwassee and Ocoee are popular when it is.
People come from near and far to experience a variety of outdoor recreation activities including camping, picnicking, hiking, bike riding, water play, fishing and much more.
More than six hundred museums in all 50 states and the District of Columbia—including the McMinn County Living Heritage Museum in Athens, Tenn.—are taking part in the initiative.
VEC was recently notified by a neighboring utility that they have been receiving complaints from customers who have been visited by scam artists posing as energy evaluators.
The Tennessee Historical Commission is now accepting nominations for its Certificate of Merit Awards to honor individuals or groups that have worked to preserve Tennessee’s cultural heritage during 2011.
The Tennessee Tobacco QuitLine offers personalized support for Tennessee residents who want to quit smoking by connecting them with trained quit coaches to guide them through the quitting process.
The Tennessee Department of Commerce and Insurance (TDCI) Consumer Affairs division is urging consumers to be wary of emails that request participation in a survey and that promise a gift card in return.
While many job placement firms may be legitimate and helpful, others may misrepresent their services, promote outdated or fictitious job offerings and charge high fees in advance for services that may not lead to a job.
The annual campaign has enrolled tens of thousands of children in the low-cost health insurance plan, which provides coverage for everything from physician visits to hospitalization to dental and vision care.
The Tennessee Department of State has launched a campaign to educate citizens about the new photo identification requirement that will go into effect for elections held in the state after Jan. 1, 2012.
All of the legislation approved this year, during the first session of the 107th General Assembly, is now available online at the Office of Secretary of State web site.
Applications for the State Energy Efficient Appliance Rebate Program (SEEARP) are available online at www.e-rebates.org/teearp or by phone at 1-877-741-4304 on a first-come, first-served basis.
Individuals who have received LIHEAP assistance since July 2010 must wait until October 1 for the new program year to begin before they can re-apply for benefits.
The next time you see an electric utility vehicle working on the side of the road, slow down and give it room. The workers will appreciate your courtesy, and a new Tennessee law requires it.
“Kids Fishing Day” event in Cherokee National Forest’s Ocoee/Hiwassee Ranger District is scheduled for May 21, 2011 at McCamy Lake. Anglers 15 years and under are invited to try their luck.
Ducktown resident Jack Suites and his partner Bitt Ledford of Murphy, N.C. took home the $700 second place prize at the Tri-County Community College Foundation Fishing for Scholarships Bass tournament on April 2.
More than four months after a spotted bass weighing 6 pounds, 7 ounces was caught on the Ocoee River in Polk County, the Tennessee Wildlife Resources Agency has confirmed the fish as a new state record