Marcus Gergish in a previous court appearance (Press file photo)
A Johnson City man charged with first-degree murder in an April shooting outside an apartment complex appeared in court Friday on a violation of probation charge and could face more prison time.
Marcus Gergish, 34, was on probation for nine counts of identity theft, forgery and failure to appear when he allegedly shot and killed Timothy Peregoy Sr., of Kingsport.
Last year, Gergish pleaded guilty to those other charges and was sentenced to six years in prison. He was serving the sentence on probation.
With the murder charge, Gergish’s probation was violated.
Criminal Court Judge Robert Cupp set a hearing date for Aug. 30 and said he has the authority to increase Gergish’s sentence an additional six years.
Gergish has not yet been indicted on the murder charge. It happened in the parking lot of Timothy Peregoy Jr.’s apartment around 12:03 a.m. April 3. Peregoy Jr. testified at a preliminary hearing last month that Gergish came to see him the night of the shooting — and was wearing a black hoodie and a black cap backward on his head — and wanted Suboxone strips. Suboxone is used to treat addiction to opiates, but can be abused.
Peregoy said he didn’t have any Suboxone, but another relative at the apartment did, and those were sold to Gergish.
A few minutes later, Peregoy’s parents and brother prepared to leave.
“My father and mother got up... we told each other bye and that we loved each other. They walked out. It wasn’t two minutes later I heard screaming,” he said.
Peregoy said it was his mother screaming and when he ran outside he saw she was being “pistol whipped” by someone.
Another person — who Peregoy Jr. said was Gergish — was on the driver’s side of his dad’s truck with a black pistol pointed at the man.
The man with the gun had a black bandana over his face, but “I heard his voice, saw his clothes,” and that’s how Peregoy Jr. knew it was Gergish, he said. “He was telling my father to give him all his stuff and to ‘give it up. Give it up.’ ’’
Later in his testimony, Peregoy said he heard his father say, “I ain’t got no money.”
“When he seen me coming up the hill he drawed the gun on me,” he said. Peregoy Sr. grabbed the man’s arm as the younger Peregoy turned to get his son and fiancee back inside the apartment.
Just as Peregoy Jr. stepped inside the residence, “I heard two gunshots.” He ran out to discover his father had been shot and saw two men running from the scene and his brother running after them.
Peregoy Jr. said he jumped in his father’s truck and drove in the same direction as the men running away, but they ducked between two buildings and got away.
He picked up his brother and they rushed to their father’s side. “We went straight back and were saying our good-byes to our father.
“I said, ‘Pop did you recognize him, did you recognize him? He shook his head,” Peregoy said, indicating his father had recognized the man who shot him. “I asked was it the same person who was at my house,” and his father acknowledged it was.
“Then approximately four minutes later he died in my arms,” the younger Peregoy said.
Gergish remains jailed in lieu of $100,000 bond. His next court appearance on the murder charge is in Criminal Court on July 22.