Potter Arraigned On First Degree Murder
Charge
On
Friday, Gregory Dean Potter, 54, of
Potter,
shackled by his hands and feet and clad in a green, body-length, padded
protective smock, stood emotionless before the court, as Judge Cotton entered a
“not guilty” plea on his behalf on a new charge of first degree murder in the
death of Marcum. Potter is accused of
shooting Marcum at near point-blank range in the doorway of an abandoned
chicken house on
In a related issue, the State also sought and received judicial approval to force Potter to surrender his state-issued handgun carry permit.
Marcum,
who was reportedly shot in the abdomen with a high-powered rifle, survived the
initial blast, but succumbed to his injuries on Wednesday at
The amended warrant filed on Friday clarified some of the events leading up to the fatal shooting. In the narrative, Drug Agent Blake Murphy of the Oneida Police Department stated that Potter allegedly fired his rifle at least two times near the gate to the chicken house, before aiming the rifle at his first victim, Ben Cooper. Cooper, stated the warrant, was shot in the neck. Potter is then accused of firing through the wall of the chicken house. As Potter approached the door of the chicken house, Marcum, stated Murphy, reportedly opened the door and was shot in the abdomen at close range. Potter than allegedly fired more shots into the occupied building before fleeing the scene.
According to the affidavit, Potter had a history of demonstrating anger toward Marcum and other people who gathered at the chicken house (to party). The suspect also reportedly had previously expressed disdain toward people that turned around at nearby residence, a home he had previously stayed in.
While the charges filed against him on Friday were new to the current case, WBNT has learned it’s not the first time Potter had been charged with first degree murder. On March 12, 1979, Potter was indicted by a Scott County Grand Jury for first degree murder in the death of his brother, Douglas Potter. On December 27, 1978, Greg reportedly shot Doug inside his mother’s home in the Low Gap community—ironically, the same house he was found hiding in following the October shooting.
According to a warrant filed by then Deputy Doug Griffith, Greg, then 22 years old, shot his brother in the head following a night of partying at his mother’s house. In an affidavit filed with the court, Greg claimed his brother was going into a bedroom at his mother’s home to change the station on the radio, when he decided to “scare him”. Claiming he and his brother were always “act(ing) a fool with each other”, Greg told authorities he pulled a gun out of his pants and shot a(t) the wall or ceiling. He then claimed his arm must have slipped, as he didn’t realize he had shot his brother until he fell to the floor. Potter fled the scene, but later turned himself into a local constable.
In July 1979, Potter pleaded guilty to voluntary manslaughter in the case. In his presentencing application for probation, Potter told authorities, “I have a good job now, and I am convinced that my past ways were not the right ways.” Potter had been out on bail for months awaiting trial in his brother’s slaying. While out on bond, Potter was arrested twice on alcohol-related offenses.
Potter was denied probation and was sentenced to serve two to five years, a sentence he rode out in the county jail. In May 1980, Potter filed another petition with the court, seeking permission to serve the balance of his sentence at home. On July 14, 1980, just one year after pleading guilty to manslaughter, Potter was released and placed on probation for 33 months.
A
preliminary hearing in the Marcum shooting will be held on Wednesday, November
16, 2011 at 3:00 p.m. in
Potter remains incarcerated in the Scott County Jail, where he is currently being held under a $1 million bond.