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November trial scheduled in May homicide case

  • The Wichita Eagle
  • Published Wednesday, Sep. 19, 2012, at 12:30 p.m.
  • Updated Wednesday, Sep. 19, 2012, at 6:27 p.m.

The son of a man who was shot to death during a confrontation outside his south Wichita home in May told a judge Wednesday that the shooter had a gun trained on him when his father intervened and was shot.

Shelby Gammon, 23, said the shooting occurred after he confronted two men he had chased from his backyard in the 100 block of East 44th Street South. He said one of the men pulled a gun just before his father, Robert Gammon, arrived.

“What did your dad do?” prosecutor Justen Phelps asked.

“He stepped in the way,” Shelby Gammon said. “He said, ‘Run and call police,’ and then he shot him.”

Shelby Gammon was the only witness to testify Wednesday during a preliminary hearing for Dustin Cheever, 32, who is charged with second-degree murder in the death of Robert Gammon, 49. At the conclusion of the hearing, District Judge Greg Waller ruled there was enough evidence to bind Cheever over for trial.

Shelby Gammon said the shooting occurred in the early morning hours of May 19, several hours after a friend of his argued with Cheever over the theft of some gasoline. Shelby Gammon said that when he went outside to confront the men in his backyard, they ran away and he chased them.

After running about 100 yards, he said, the men confronted him. One of them had a gun.

Defense lawyer Steve Mank suggested during the hearing that the Gammons were the aggressors in the confrontation. Wichita police have said that Robert Gammon was armed with a pellet gun.

“Do you remember telling (the detective) that you were more concerned about what you were going to do to those people than what they were going to do to you?”

“I don’t recall that,” he said.

Waller set a Nov. 13 trial date.

Reach Hurst Laviana at 316-268-6499 or hlaviana@wichitaeagle.com.

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