McGail testified at his August trial that he changed his mind at the last minute about participating in the planned robbery of Nathan Wintrow for drugs and money. He said co-defendants and an uncharged third person went to the house while he went his own way. Wintrow, 20, died after being shot inside his home.
The jury found McGail guilty of murder, aggravated robbery, aggravated burglary and a firearms specification. His co-defendants testified against McGail as part of plea deals.
McGail said Monday he would change places with Wintrow if he could. “My innocence will come to light … Even after justice is served and I am free, I will ask myself if I could have stopped this horrible tragedy,” he said.
McGail cried briefly during his comments and then looked straight ahead when Gee announced his sentence.
County Prosecutor Tony Kendell said McGail was the mastermind of the “dealer hunting” plan to rob Wintrow. He said McGail used leadership skills “in a warped way” to carry out the robbery plans drawing in two co-defendants. “As a result, a young man lost his life,” Kendell said.
Gee said McGail’s insistence on his innocence “is belied by substantial evidence to the contrary.” The claim, the judge added, “demonstrates an absence of any moral responsibility.”
Defense lawyer Chris Bucio declined comment on the sentence. He said McGail would appeal.
Kendell said the sentence was “very just.”
Co-defendants Jason Sowers, 17, and Brendon Terrel, 19, pleaded to charges in Wintrow’s death as part of deals with prosecutors. Terrel served as the look out while the others went to the house, prosecutors said. After finding the back door locked, they broke a window to get in and ended up in an altercation with Wintrow and two other adults. Sowers shot Wintrow in the head during the altercation and Wintrow died that night.
Sowers and Terrel also were sentenced by Gee.
Sowers was sentenced to 18 years to life. He pleaded to murder, aggravated robbery and aggravated burglary along with firearms specifications. Terrel was sentenced to 14 years. He pleaded to complicity to aggravated robbery, complicity to aggravated burglary and a firearms specification.
McGail’s sentencing originally was scheduled Sept. 29 but continued one week on the request of Bucio after his McGail trial file was seized from his Tipp City office Sept. 9 as part of a separate investigation. Bucio claims that investigation stems from his filing of a motion for mistrial in the McGail trial due to alleged juror misconduct. Gee overruled the motion for mistrial.
Kendell has declined comment on the investigation that led to search warrants for three offices of the Roberts, Kelly, Bucio law firm in Tipp City, Troy and Sidney. Documents supporting the request for a search were sealed by Municipal Court Judge Gary Nasal at Kendell’s request.
Kendell said Monday that his office and Troy police would begin reviewing information seized in the search now that McGail has been sentenced. Once that review is complete, he will ask the court to unseal the warrants, Kendell said.
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