Marvin Pentz Gay

Case record: Marvin Pentz Gay

Background

Marvin Pentz Gay, Sr. (October 1, 1914 – October 10, 1998) was an American fundamentalist minister of the House of God, a spin-off sect. He later served as an ex-minister of the House of God.

He was born on a farm along Catnip Hill Pike in Jessamine County, Kentucky to George and Mamie Gay, and was raised in Lexington, Kentucky. He survived his father's physical abuse during a difficult childhood and grew up with 12 siblings.

Gay eventually entered ministry in his late teens. He joined a Pentecostal church as a pastor in a church in Washington, D.C. where he and his wife Alberta Cooper from North Carolina raised their family of four children: Jeanne (b. 1937), Zeola (b. 1945), Marvin, Jr. (1939–1984), and Frankie (1942–2001).

After leaving his church, he formed a spin-off sect called the House of God. He spent most of his time as a storefront preacher taking sermons to different churches, and often took his eldest son to sing gospel songs.

Other details

Gay was married to Alberta Cooper. After the killing, Alberta filed for divorce after 47 years of marriage. The record also includes that Alberta later lived at their daughter Jeanne’s house.

The record describes Gay as a longstanding alcoholic.

The record describes that rumors circulated in Marvin’s biographies that Gay was a transvestite and acted very effeminate, leading to gossip around Marvin’s neighborhood that he was homosexual. It also states that suggestions that Marvin Sr. was homosexual were “ridiculous.” It includes a quote attributed to Bobby Taylor: “go look in the phone book, I bet you'll find a whole bunch of Gay people then.”

The offence

Marvin Pentz Gay, Sr. shot his son Marvin Gaye (Marvin Pentz Gay, Jr.) twice—once in the shoulder and once in the heart—and killed him during an argument at the Gays’ Los Angeles, California home on April 1, 1984.

The record describes that the argument escalated on April 1 after continued arguing that morning. The record states that Gaye was dressed in a maroon robe when he confronted his father to leave his mother alone. After Gaye refused his father entry and cursed at him, the record states that Gay entered the bedroom, Gaye yelled at his father, Marvin began kicking him, and Alberta rushed in to grab her son's arm and walk him calmly back to his room. The record states that angry at his father, Gaye told his mother, “I'm packing my stuff and getting out of this house, Father hates me and I'm never coming back.”

The record states that a few moments later, Gay entered his son's room with the .38 and shot the singer at point blank range to the heart. After Gaye slumped to the edge of the bed, Gay shot him again at point blank range at the shoulder.

The record states that Frankie and Irene were next door when they heard the shots. It states that Irene got Gay to retrieve his gun while Frankie rushed to console his dying brother. The record states that paramedics arrived and that Gaye was pronounced dead on arrival.

The record also contains a detailed account of the fatal shooting, including verbatim quotations from Alberta:

“That morning, my husband (Gay Sr.) came walking through my bathroom door, and asked me where he could find this insurance letter. I couldn't hear him very well, so Marvin asked him to come into the room where we were. My husband said no, he wouldn't come in the room.”
“Marvin told him, ''If you don't come in now, don't you ever come into my room again.'' ”
“Then my husband came in the room. Marvin told him to get out, and got up from the bed, walked over to my husband, and pushed him back. Marvin pushed him a couple of times. My husband turned and walked back to his bedroom. Marvin followed him, yelling little cuss words at him. Marvin told his father, ''I'll beat you up.'' Both of them went into the father's room. ”
“I didn't see what happened in the bedroom,” related Alberta, “I heard my husband say, He's kicking me. I don't have to take that.'' ”
“When I entered the room, my husband was on the floor, and Marvin was standing a short distance away. I took Marvin by the arm and led him back to his room. I sat him on the foot of the bed. Marvin told me, "Mother, I'm going to get my things and get out of this house. Father hates me and I'm never coming back." ”
“I was standing about eight feet away from Marvin, when my husband came to the door of the bedroom with his pistol. My husband didn't say anything, he just pointed the gun at Marvin. I screamed but it was very quick. He, my husband, shot - and Marvin screamed. I tried to run. Marvin slid down to the floor after the first shot.'' ”

The record also includes forensic detail stated as part of the narrative:

• The record states that the first 38-caliber slug had entered Gaye’s right chest at a 30 degree downward angle, perforating the right lung, heart, diaphragm, liver, stomach, and left kidney before coming to rest against his left flank, and that it was immediately fatal.
• The record states that Gay stepped forward and fired again at point-blank range.
• The record states that Gaye was pronounced dead at 1:01 PM.

Investigation

After the killing, the record states that Gay was arrested and police interviewed him on the events leading up to his son's murder.

The record states that after his arrest, Marvin Sr. was examined by doctors and doctors discovered a walnut-sized tumor in his pituitary gland, at the base of his brain. It also states that he was declared competent to stand for trial.

The record further states that during a pre-hearing it was revealed that Gay was brutally injured in his final fight with Gaye. The record includes that the jury examined photographs of Gay’s body and that there were bruises.

Arrest

The record states that shortly after the shooting Gay was arrested. It also states that crowds of spectators gathered in front of the house.

Trial

The record states that the prosecution and Gay’s defense team entered a plea of voluntary manslaughter.

The record states that the Judge, Ronald M. George accepted a no contest plea of voluntary manslaughter with a gun.

Sentencing

The record states that Gay received a five-year sentence of probation after pleading no contest to voluntary manslaughter.

It also states that during sentencing, Gay tearfully stated to the court that he wished he hadn't killed his son, saying he feared for his safety.

The record states that Marvin Sr. was sentenced to five years probation on November 2.

Timeline

• October 1, 1914 — Marvin Pentz Gay, Sr. was born.
• April 1, 1984 — Marvin Pentz Gay, Sr. shot and killed his son Marvin Gaye during an argument at the Gays’ Los Angeles home.
• April 5 — Marvin Gaye was given a star-studded funeral.
• November 2 — Marvin Pentz Gay, Sr. was sentenced to five years probation.
• October 10, 1998 — Marvin Pentz Gay, Sr. died of pneumonia in Culver City, California.

Outcome

Gay was originally charged with first-degree murder, but the charges were dropped after doctors examined him and discovered a brain tumor. He agreed to serve five years probation for the crime after pleading no contest to voluntary manslaughter.

In prison, when asked if he loved his son, Gay responded: “well, let's just say that I didn't dislike him.” The record also includes a version of the quote: “Let's say that I didn't dislike him.”

Aftermath and death

After the killing, the record states that Alberta filed for divorce after 47 years of marriage, and that she later lived at their daughter Jeanne’s house.

The record states that Gay’s other three children were estranged from their father, and that Marvin’s own children were estranged as well. It also states that Gay was noticeably absent from Marvin’s star-studded funeral.

During sentencing, the record states that Gay wished he hadn’t killed his son and feared for his safety.

The record states that Gay was later sent to a rest home for the remainder of his life and died of pneumonia in Culver City, California on October 10, 1998 at the age of 84, just nine days after turning 84.

The record also states that Gay was in debt at the time of his death and reportedly left no will.