Judge rejects Gaule’s motion to dismiss

Bill Gang

Wednesday, Jan. 19, 2000 | 11 a.m.

Unhappy with his lawyer and a felony conviction for chasing and shooting an intruder at his home, Thomas Gaule had filed a motion to dismiss the criminal charge of voluntary manslaughter with the use of a deadly weapon.

But District Judge Mark Gibbons on Tuesday rejected the maneuver because it was legally improper. The judge said he would entertain Gaule's motions when they were filed by the 43-year-old defendant's court-appointed lawyer, Peter S. Christiansen.

Gaule said he no longer wanted Christiansen to represent him and said he was attempting to hire his own lawyer -- believed to be former District Judge Donald Chairez. Chairez could not be reached Tuesday for comment.

Gaule is scheduled to be sentenced March 6 and faces the possibility of up to eight to 20 years in prison, although probation is an option. During Gaule's December trial he rejected a plea bargain that would have guaranteed him probation.

In handing down the guilty plea the jury said Gaule's own testimony convinced them of his guilt.

Jurors said they didn't buy Gaule's story that the shots he fired at Jason Lamb and Rick Tripp were warning shots that somehow hit the two intruders.

Tripp died just outside Gaule's home. A grand jury decided no charges would be lodged against Gaule from that death. Gaule was indicted for chasing Tripp down the street and shotgunning him twice in the back. Tripp died 500 feet from Gaule's house.

The jury also said they rejected Gaule's claim that he was chasing Tripp to apprehend him for the police, noting that after Tripp fell to the pavement, Gaule walked back to his house.

Tripp and Lamb surprised Gaule in his home on the morning of Oct. 25, 1998. After beating him, both men were shot by Gaule at the house. Lamb died of a massive chest wound.