Convicted killer to get new hearing

Ohio’s 2nd District Court of Appeals this week upheld the 2014 conviction of Patrick McGail of Troy in the murder of Nate Wintrow, 20, at his Troy residence, but sent the case back to Miami County for a new hearing on part of the sentence.

McGail, 19, was convicted by a jury in August 2014 on charges of murder, aggravated robbery, aggravated burglary and a firearms specification. He was sentenced to 24 years to life in prison.

The appeals court, in a decision filed Wednesday, agreed with McGail’s claim that he should not have been sentenced on convictions for both murder and aggravated robbery because they were part of the same act.

Common Pleas Judge Christopher Gee sentenced McGail to 15 years to life for murder and six years for aggravated robbery, to be served concurrently, plus six years consecutive for aggravated robbery and three years consecutive for aggravated burglary.

The appeals court said prosecutors would choose either the murder or aggravated robbery charge for sentencing.

McGail was one of three Troy teens convicted in the death of Wintrow, 20, who was fatally shot when McGail and Jason Sowers, 18, of Troy, forced their way into the house and a struggle ensued. Sowers, who fired the gun, and Brendon Terrel, 21, also of Troy, entered plea deals and were sentenced to 18 years to life and 14 years, respectively.

The appeals court rejected the rest of McGail’s appeal claims, including allegations of juror and prosecutor misconduct, ineffective counsel and an argument evidence did not support the conviction. and later possibly got into a vehicle. Police were reviewing surveillance video of the incident, Penrod said.