Man guilty as charged in February slaying at gas pumps

Blog: Defendant: 'I didn't intend for him to die'

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By Lou Grieco and Kyle Nagel
Staff Writers Updated 11:21 PM Friday, June 12, 2009

DAYTON — A jury decided Friday night, June 12, that Kyle McClendon was guilty of murder in the shooting of David Driscoll at a gas station in Harrison Twp. four months ago.

The jury deliberated about five hours in trying to decide whether McClendon, 23, of Trotwood, murdered David Driscoll or acted in self-defense.

The jury also found him guilty of felonious assault and improper handling of a firearm in a motor vehicle.

Judge Dennis J. Langer of Montgomery County Common Pleas Court revoked McClendon’s bond and set sentencing for Thursday, July 2.

“We had fantastic prosecutors and detectives,” Gretchen Driscoll, the victim’s mother, said after the verdict.

In summations, before the jury was given the case, county Assistant Prosecutor John Amos said, “There is no defense in this case. The defense that they have offered is not a defense at all. It’s an excuse, and a pitiful one at that.”

McClendon and Driscoll were strangers who met by chance Feb. 8 at a Marathon gas station, 4351 Riverside Drive. Prosecutors claimed Driscoll was executed in cold blood, while defense attorneys claimed Driscoll was the aggressor.

County Assistant Public Defender Mike Pentecost told the jury a video of the shooting, which was part of the trial evidence, showed Driscoll was coming toward McClendon, who did not know Driscoll was not armed, he said.

“He reacts,” Pentecost said. “He’s scared. He is in fear for his life.”

There was no collaborating evidence for McClendon’s story, which he told on the stand Friday.

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