Defense lawyer Chris Bucio argued, however, that those who were involved in the crime “threw Patrick McGail under the bus” to better their own plights.
McGail “walked away from the others before they entered the house,” Bucio said.
Prosecutor Tony Kendell told the jury witnesses would link items found at the home to McGail. “The defendant can’t be excluded as the source of DNA” on a mask in the yard, he said, in brief reference to planned forensic testimony.
Bucio countered there is “zero physical evidence” that McGail was inside. He claimed another man, who was never charged, was behind the planned robbery of Wintrow for marijuana and money.
Two others charged in the death have pleaded, but have not been sentenced. They are expected to testify.
Jason Sowers, 17, of Troy pleaded guilty in May to felony murder, aggravated robbery and aggravated burglary with a firearms specification. He faces up to 40 years in prison.
Brendon Terrel, 19, of Troy pleaded to felony complicity to aggravated robbery, complicity to aggravated burglary and a firearms specification. He was serving as a look out and did not go into the house with the others, Kendell said. Terrel faces up to 25 years in prison.
Prosecutors earlier said McGail and Sowers went to the home with the intent of robbing Wintrow. They arrived to find a back door locked, so they broke a window and unlocked the door. The two allegedly then entered the house with firearms and, when encountered by the home’s occupants, ordered them to the ground at gunpoint.
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