The Joplin Globe, Joplin, MO

Local News

April 19, 2007

Rural Colcord resident sentenced to prison in shooting death

By Sheila Stogsdill

news@joplinglobe.com

JAY, Okla. — A Delaware County man convicted of killing a Colcord man has been sentenced to eight years in prison.

Timothy Duane Bales, 26, of rural Colcord, was sentenced Thursday. He was convicted last month by a Delaware County District Court jury of second-degree murder in the Sept. 18, 2006, shooting death of Robert Ferel Alberty, 34.

Bales has agreed to pay $11,293.95 in restitution to Alberty’s family.

Court records note that Bales told Colcord police officer Ryan Duggins at the time that he shot Alberty after the victim went for a gun.

According to court records, Bales and Alberty had been arguing for several hours. Alberty then drove his pickup truck up to Bales’ home.

Bales grabbed a pistol from the back of a friend’s pants outside his home on Highway 116 after seeing a rifle in the cab of Alberty’s truck, according to a probable-cause affidavit.

Bales claimed that he saw Alberty reach for the rifle. He said he aimed the pistol in the direction of Alberty, turned his head and fired one shot, according to court records.

Alberty was found dead in the front seat of his truck with a gunshot wound to the head, authorities said.





Defense

Lee Griffin Eberle, attorney for Timothy Bales, argued in the trial last month that the shooting was in self-defense.

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