man charged with murdering motorcyclist

[pupchow]

http://www.onlineathens.com/cgi-bin/printme2005.pl

Bogart man charged with murdering motorcyclist

By Joe Johnson | [email protected] | Story updated at 10:05 a.m. on Tuesday, February 26, 2008

A Bogart man allegedly shot and killed a motorcyclist last night after the cyclist followed the man’s daughters home. The daughters said the motorcyclist intentionally rammed their car as they were returning home from an Athens department store, Oconee County Sheriff Scott Berry said.

Richard Harold Gear, 45, shot Bryan Joseph Mough as the 21-year-old Winder resident drove past Gear’s home on his motorcycle, Berry said.

Deputies arrested Gear on a murder charge at his home, 151 Gear Road, off Osceola Avenue on the outskirts of the small Oconee County community.

Gear’s two teenage daughters were driving home from Target, 3065 Atlanta Highway, and had just crossed over the Oconee County line when they say Mough cut them off, Berry said. The girls said they made a vulgar gesture at Mough, who they say intentionally rammed the passenger side of the car, Berry said.

The sheriff would not say how the collision took place, other than to say, "We’ve got questions about how it happened."

The girls were on the phone with their father, telling him that a motorcyclist was following them, and when they arrived home, Gear was standing in the driveway with a .40-caliber pistol, Berry said.

Mough drove past Gear’s house, turned around and rode by again. Gear shot him once in the back at about 6:45 p.m., according to Berry.

Gear and several other people called 911, Berry said. He claimed the shooting was in self defense, the sheriff said.

Mough, of 736 Lincoln Drive, Winder, was taken by ambulance to Athens Regional Medical Center and pronounced dead at 7:45 p.m., Berry said.

Investigators found no evidence Mough knew anyone in Gear’s family before the collision.

The investigation continues today, and more charges are possible, Berry said.


Published on OnlineAthens.com on 022608


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[FPrice]

Gear and several other people called 911, Berry said. He claimed the shooting was in self defense, the sheriff said.

Based upon what little detail is contained in this story I would not think that self-defense will hold up. But if more details emerge which support an SD shooting, then this could obviously change.

 

[Moderator]

Based upon what little detail is contained in this story I would not think that self-defense will hold up.

+1, just another clown making us the rest of look bad.

 

[hminsky]

People who indulge in road rage and use their vehicle to follow and harrass drivers who the think made some perceived slight or even a rude gesture deserve pretty much anything they get, as far as I'm concerned. That kind of behavior is just sickening. They don't deserve to be executed, obviously, but I think it is very scary if someone followed some teenage girls home in a rage.

 

[KimberCT]

Even if this guy was a complete wack job, I'm having a hard time seeing how shooting a mounted biker in the back could be considered self defense.

 

[K-DUB]

Even if this guy was a complete wack job, I'm having a hard time seeing how shooting a mounted biker in the back could be considered self defense.

+1. It looks bad for this guy from the legal side of things.

 

[Scrivener]

Mough drove past Gear’s house, turned around and rode by again. Gear shot him once in the back at about 6:45 p.m., according to Berry.

Sounds like murder to me.

 

[jay1]

Motorcycle ramming cardont think so

 

[bostonshovel]

Even if this guy was a complete wack job, I'm having a hard time seeing how shooting a mounted biker in the back could be considered self defense.

+1 I could see if he stopped and started approaching the father but shooting someone in the back, as they were leaving the scene, does not sound like SD to me.

 

[IPSC_DRL]

Sounds like murder to me.

From what is given here, I must agree. Very sad stae of afairs.

 

[packingungal]

A first take on the "facts"....and then it goes to court where the "facts" are adjusted to meet (or not) the claims, and so the story goes...but the media gets what they want every time....

 

[Nickle]

Motorcycle ramming cardont think so

The girls said they made a vulgar gesture at Mough, who they say intentionally rammed the passenger side of the car, Berry said.

The sheriff would not say how the collision took place, other than to say, "We’ve got questions about how it happened."

I'd say the sheriif probably agrees with you.

From what has been given for info, it looks like a clear cut case of murder. Hard to claim self-defense when you shoot somebody in the back, while they pose no clear and immediate threat to you.

Reading between the lines, I'd wager the girls cut the biker off, he may (or may not) have bumped into them, they flipped him off and fled the scene. They then told daddy a BS story about what happened, and when the biker came buy to find out who hit him, the guy shot him.

Of course, that's all speculation.

ETA - More:

http://www.ajc.com/wireless/content/metro/stories/2008/02/27/motorcyclist_0227.html

The daughters, ages 17 and 19, had called their father on a cell phone to tell him they were being followed, Berry said. As they arrived home, Gear was waiting at the end of his driveway with a pistol, Berry said.

Mough, 21, drove past the house, turned around and made another pass. Gear fired his .40-caliber semiautomatic gun two or three times, hitting Mough once in the back, Berry said.

Gear called 911 after the shooting, as did neighbors, and sheriff's deputies arrested Gear on a murder charge, Berry said.

"He made an unspecified claim of self-defense," Berry said.

Mough was pronounced dead at a hospital.

Gear's daughters and Mough apparently left the parking lot of a Target in nearby Athens around the same time Monday evening, Berry said. Tempers flared as the drivers headed west toward Bogart.

Gear's daughters told investigators Mough cut them off, they made obscene gestures at him and Mough ran into their car at one point, Sheriff Berry said.

"There is evidence of a collision between Mough's motorcycle and the vehicle operated by Gear's daughters," Berry said, adding authorities do not yet know who initiated contact.

"We've got questions about how it happened," he said.

Investigators went to Target for witnesses and looked at surveillance videos but found nothing to indicate Mough met the girls inside the store or in the parking lot, Berry said.

A few extra details on the matter.

 

[Underwhere]

eh. Maybe the biker was trying to run him over or something...making multiple passes at him. I think it'd be a different situation then.

 

[kevin9]

Sounds like murder to me.

I do tend to agree, however:

Mough, 21, drove past the house, turned around and made another pass. Gear fired his .40-caliber semiautomatic gun two or three times, hitting Mough once in the back, Berry said.

Speculating, if Mough approached Gear in a threatening manner during his second pass and then turned to flee after the first shot I suppose I could see him getting hit in the back in a valid SD situation for Gear. Based on the reports so far this is probably quite a stretch, but you never know.

 

[Palladin]

This is Georgia......he might get off.

 

[jamz]

Stupid meets stupid, one stupid dies, one stupid in jail.

 

[FunYun]

eh. Maybe the biker was trying to run him over or something...making multiple passes at him. I think it'd be a different situation then.

Considering street tires on a motorcycle give you no traction on grass, he would have been in the street for him to try and hit him.


Motorcyclist is hit and follows the car home to get an address and is met with a guy in the road with a gun. Sounds like the a much more likely scenario.

 

[M1911]

A word of advice for your loved ones -- if someone is following, don't call home, call 911. Don't drive home (that just tells the clown where you live), drive to the nearest police station.

 

[Cross-X]

I wonder if he'd like to hire a good defense lawyer?

 

[ephemeratta]

When driving keep all ten fingers at 2 and 10.

 

[clinotus]

Could have been something as simple as the the girls nudged the bike and hie followed them home to grab their info.

 

[Erebus]

I wonder if he'd like to hire a good defense lawyer?

He's going to need one.

This just looks bad all around. Unless there is something really strange going on I don't think this guy has a very good chance of convincing a jury that he needed to shoot a mounted rider in the back in self defense.

 

[drgrant]

This is Georgia......he might get off.

Well, on the contrary... the fact that he had a charge levied against him, is pretty telling. I would think that from a legal standpoint the guy is basically toast... unless the guy with the motorcycle tried to run him over or something, or there is something else we're not being told here. (the media loves to do that, of course) I could understand him shooting the biker, for instance, if the biker had produced a firearm and was like shooting at the kids' car or something. It seems like, the guy shooting the biker was the first real "deadly force" incident here.

-Mike

 

[Scrivener]

Motorcycle ramming cardont think so

Bullet in back when car is parked and occupants thereof safe?

Think again - or even for the first time!

 

[Nickle]

+1 Scrivener.

It's going to be hard for the shooter to get by this one.

His daughters are probably realizing their little escapade just got their father a nice long jail term.

 

[K-DUB]

I wonder if he'd like to hire a good defense lawyer?

The weather is nice down there.....it'd be a nice winter job for you.

 

[Tiktock]

+1 Scrivener.

It's going to be hard for the shooter to get by this one.

His daughters are probably realizing their little escapade just got their father a nice long jail term.

I dunno....I think the daughters, regardless of their actions, didn't expect their father to gun the guy down in the street. Even if they hit the biker and fled, thats a totally separate issue from the father choosing to execute a guy for driving back and forth in front of his house or following his daughters home.

 

[joemcg]

Seems like some here are attempting to judge the motorcyclists intentions without knowing a single thing about them. You would think as a misunderstood group of people ourselves, we would all be in a little less rush to judgement.

 

[.40Smith&Wesson]

 

[clinotus]

Seems like some here are attempting to judge the motorcyclists intentions without knowing a single thing about them. You would think as a misunderstood group of people ourselves, we would all be in a little less rush to judgement.

Have you ever ridden a motorcyle before?

Chances are they likely endangered him and he either in road rage or just wanting to jot down their license plate / place of address had the wrong idea, or possibly as the story develops -less than polite intentions.

Its not like you can let go of the bars and dial 911 while sipping your Latte.