MIAMI COUNTY — In a decision filed on Dec. 23, the Ohio 2nd District Court of Appeals granted Patrick McGail, 20, of Troy, a new hearing in regards to his sentence for his role in the murder of Nathan Wintrow.
The appeals court supported McGail’s claim that he should not have been sentenced for both murder and aggravated robbery. The opinion stated prosecutors must choose one of the charges for sentencing since the charges were part of the same act, according to appellate court’s entry. The entry denied McGail’s claims of juror and prosecutor misconduct, ineffective counsel and for the lack of sufficient evidence against McGail for his role in Wintrow’s murder.
On Oct. 6, 2014, Miami County Common Pleas Court Judge Christopher Gee sentenced McGail to 24 years to life for his role in the Oct. 30, 2013, shooting death of Nathan Wintrow. Gee sentenced McGail to 15 years to life for murder and six years for aggravated robbery. Both sentences were to be served concurrently. McGail also was sentenced to serve six years years for aggravated robbery and three years for aggravated burglary to be run consecutively.
On Oct. 30, 2013, Wintrow was shot in the head after Jason Sowers, then 17, and McGail entered the duplex on East Canal Street through the back door. Sowers pleaded to charges of complicity to aggravated robbery and burglary. Sowers admitted to shooting Wintrow in the head after fighting in the hallway after he and McGail broke in the house.
Sowers, now 18, was sentenced to 18 years to life in prison for murder, aggravated burglary and aggravated robbery, while Brendon Terrel, now 21, was sentenced to 14 years in prison for aggravated robbery and aggravated burglary.
Sowers and Terrel ultimately confessed and cooperated with authorities and signed plea agreements for their testimony against McGail. McGail was found guilty in August 2014 following jury deliberations lasting nearly 10 hours. On Oct. 6, McGail was sentenced on count of murder, aggravated robbery, aggravated burglary and firearm specifications. McGail filed for the appeal on Oct. 9, 2014.
McGail is currently incarcerated at the Warren Correctional Institution.