UPDATE @ 2:15 p.m.: The jury in the Patrick McGail trial returned guilty verdicts on all counts. He will be sentenced in September. The maximum sentence he could face is 40 years to life in prison. We have a crew in the courtroom and will have reaction tonight on News Center 7 starting at 5 p.m.
UPDATE (Aug. 13) @ 8:15 p.m.: The jury in the Patrick McGail trial will resume deliberations Thursday morning.
The body met for nearly seven hours Wednesday afternoon and evening, working through a dinner break, before the trial judge sent them home for the night without reaching a verdict.
UPDATE @ 6:30 p.m.: The jury deliberating the charges against Patrick McGail worked through a dinner break Wednesday evening.
The defense in summations Wednesday contend that McGail abandoned a plan to rob Nathan Wintrow of drugs and money at the last minute, but prosecutors argued he was one of two intruders in Wintrow's house on East Canal Street when he was shot fatally the night of Oct. 30.
Chris Bucio, McGail's lawyer, has claimed co-defendants Jason Sowers and Brendon Terrel "threw Patrick McGail under the bus" in the case. The defense has claimed McGail left Sowers, Terrell and a third man shortly before they went to Wintrow's home. McGail testified he changed his mind about the robbery while watching the third man load a gun before they headed for the house.
Prosecutors contended McGail helped plan the robbery, including texting Sowers about details. They said he also detailed what happened in the house later that night when he fled to his then girlfriend's house in Troy. Jessica Shelton testified McGail said he and Sowers went inside after Terrell wouldn't go along and that he fled when a shot was fired.
A knife belonging to McGail and a mask, both bearing his DNA, were found at the crime scene. Bucio claimed the knife was taken from McGail by the other man in the car when McGail said he was leaving.
"This room is filled with reasonable doubt right now," Bucio said in summation. "The state of Ohio failed miserably to show that Patrick McGail was even in that house."
Prosecutor Tony Kendell called McGail's testimony self serving. He challenged defense contentions that McGail was a quiet kid trying to fit in by associating with Sowers and Terrel and drug dealing associates. He questioned why McGail didn't proclaim innocence when police came to his home early Oct. 31 to arrest him.
"He is not the bashful guy they make him out to be. Who is going to let them haul him off without saying something?" Kendell said.
- Sowers has pleaded guilty to murder, aggravated robbery and aggravated burglary with a firearms specification. He could be sentenced to 40 years in prison.
- Terrel has pleaded to complicity to aggravated robbery, complicity to aggravated burglary and a firearms specification. Terrel could be sentenced to 25 years in prison.
EARLIER (Aug. 8): Co-defendants of Patrick McGail said he was in the house when Nathan Wintrow was shot and killed on Halloween eve of last year.
Both co-defendants also are charged with murder in Wintrow's slaying. McGail's girlfriend also testified that McGail told her he was in the house when the gun went off.
Defense attorney Chris Bucio, in his opening statement Wednesday, told the jury his client was not with co-defendants Jason Sowers and Brendon Terrel at the time of the deadly home invasion on East Canal Street in Troy.
The case is not expected to go to the jury on Friday as previously thought.
There is no indication whether McGail will testify. He is charged with murder, aggravated robbery and aggravated burglary with firearm specifications.
Part of the plea deals for Sowers and Terrel required them to testify for the prosecution in McGail's trial.