Trial resumes Tuesday with defense offering their case to jurors

Last updated: August 08. 2014 7:04PM - 999 Views
By Will E Sanders

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By Will E Sanders


TROY — After three days of testimony, 18 witnesses and more than 60 pieces of evidence, Miami County Prosecutor Anthony Kendell concluded his case against a Troy teen Friday afternoon in common pleas court who is charged with the Halloween eve home invasion and murder of Nathan Wintrow.

The trial will resume Tuesday when the defense for Patrick McGail, 18, of Troy, will be presented by attorneys Christopher Bucio and Joshua Albright. It remains unknown if McGail testifying will be a part of that defense.

McGail, out on a significant cash bond, has been charged with murder, aggravated robbery and aggravated burglary, along with firearm specifications. McGail has entered pleas of not guilty to those charges.

On Friday, the only testimony came from the prosecution’s last witness, Troy police Detective Chris Tilley, who served as lead investigator on the case.

Tilley described his involvement in the murder investigation, including arriving at the scene of 218 E. Canal St., Troy, on the night of Oct. 30, 2013.

On that night, two masked men entered the home during a would-be robbery for money and marijuana, but the intruders were met by Wintrow, his girlfriend and best friend. A scuffle ensued that ended when McGail’s co-defendant, Jason C. Sowers, 17, of Troy, pulled out a 9mm and shot Wintrow, 20, in the head.

McGail and Sowers are being tried as adults.

Sowers, along with another co-defendant, Brendon Terrel, 19, of Troy, have already pleaded to the charges for their involvement in the murder through a plea agreement that stipulated their “substantial assistance” in the case against McGail, including their testimony against him.

Sowers and Terrel testified Thursday that McGail was the “ringleader and mastermind” of the attempted robbery, but during the cross examination of Tilley, Bucio continued to assert that one of Wintrow’s rival drug dealers was the true ringleader of the home invasion and murder.

That man is still under investigation Tilley said, but charges have never been filed against him. The case against him is still open and ongoing.

Testimony from several witnesses at trial stated the rival drug dealer gave the firearm used in the crime to McGail, who never fired the gun that night.

Prior to the state concluding its case against McGail, the court admitted a large majority of the evidence presented so far during the trial after discussions between the prosecution and defense.

Will E Sanders may be reached at 773-2721 or on Twitter @TheDailyCall.

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