The Duncan Banner

October 22, 2013

Locke makes first court appearance on multiple felony charges

Derrick Miller
The Duncan Banner

DUNCAN — A Duncan man appeared in court Friday, following his Thursday arrest for three felony charges, including two weapons charges.

Garry Anthony Locke, 33, faces felony charges including use of a vehicle in discharge of weapon after former conviction of a felony, possession of a firearm after former conviction of a felony and knowingly concealing stolen property. His bond was set at $50,000.

At 8:44 a.m. Wednesday, Duncan police officers responded to a call about a gunshot hearing near Fifth and Bois d’Arc.

“Officers responded to that area and made contact with a (man) who said that he was shot at by Garry Locke and that Locke had driven away in a red car,” according to the affidavit.

Several witnesses were interviewed.

One set of witnesses said they saw a red Camero stop in the middle of Fifth Street, just north of Bois d’Arc and a man on foot was holding a 4 to 5 inch stick, according to the affidavit.

“(The witness) said the driver stepped out of the car and pointed a gun at the man with the stick and fired one shot,” according to the affidavit. “(She) said the man who got shot at started running away and that a girl with long blond hair got out of the red Camero passenger side and started walking east on Bois d’Arc. (She) said that the man with the gun got back in the car and drove off northbound on Fifth.”

According to the affidavit, the witnesses saw the red car pick up the woman who had jumped out. The car drove west on Bois d’Arc, according to the affidavit.

Another set of witnesses said after they saw the girl get out of the car and walk east on Bois d’Arc, ‘the man on foot ran to the girl and put his arm around her, and that she immediately started hitting him. They said the red Camero come back on Bois d’Arc and that the man on foot took off running, and the girl got back in the Camero.

“These two witnesses did not see a gun and did not hear any gunshots.”

The police made contact with the man on foot, the woman witnesses said they saw and Locke to talk about the incident. According to the affidavit, the woman was living with the man and had kicked him out that morning.

She then “contacted Garry Locke to come get her. (She) said that as they were driving from her house on Maple heading south on Fifth Street. (She) said that (the man) started hitting Locke’s car with a log. (She) said she told Locke to keep going, but Locke stops and gets out of the car,” according to the affidavit.

According to the report, she told police she thought there was going to be a fight. She got out of the car and started walking away. She heard “a boom and said she turned around and saw smoke coming from Locke’s car. She said she continued to go east and was approached by (the man). (She) said (he) started choking her and she fought to get away from him and then got in the car with Locke.”

The man and Locke also provided versions of what occurred.

According to the affidavit, the man said “Locke stepped out of the car on the driver’s side and pointed a gun at him, worked the slide of the handgun and then fired on shot at him. (The man) was hysterical during the interview and said he saw where the bullet hit the grass right beside him and also saw the spent shell casing fly out of the gun and land on the ground.”

When Locke was interviewed, he was read his Miranda Warning, and Locke waived his rights. According to the affidavit, Locke said after he picked up the woman, he saw the man walking.

“Locke said that (the man) started hitting his vehicle causing damage to it with a stick. Locke said he tried to get away from (the man), but could not. Locke said he got an air pistol out of his car and pointed it to the ground to get (the man) to leave. I (Detective Joe Shoemake) told Locke that air pistols don’t eject .380 spent casings. Locke did finally admit that he did fire a .380 one time into the group to scare (the man) away.’

According to the affidavit, Locke said he gave the gun to someone else, who was called and brought the gun to the Duncan Police Department, where it was photographed and put in evidence.

On Oct. 17, the gun was found to have been reported stolen from a residence in Duncan. This added the third felony account of knowingly concealing stolen property.

Locke next appears in court at 2 p.m. Nov. 22. At that time, he has to have an attorney. His preliminary hearing conference has been set for 9 a.m. Dec. 13.