Patrick McGail, charged in the Oct. 30 murder of Nathan Wintrow at his Canal Street home, has filed a motion to separate his case from that of co-defendant Jason Sowers.
McGail, 18, of Troy and Sowers, 17, also of Troy are charged with murder, aggravated robbery and aggravated burglary with firearms specifications in the death of Wintrow, 20.
Witnesses at earlier hearings for McGail and Sowers said they went into the house that night to rob Wintrow. Sowers is the accused gunman.
McGail’s lawyer filed the motion to separate the cases last week in Miami County Common Pleas Court. A hearing on the request was scheduled for Tuesday.
Defense lawyer Chris Bucio wrote in the motion that during the trial evidence will be presented that regards one of the defendants but not the other. That could lead to confusion of jurors and possibly impact McGail’s right to a fair trial, he said.
A third man involved in the incident, Brendon Terrel, 19, of Troy has pleaded to felony complicity to aggravated robbery, complicity to aggravated burglary and a firearms specification. He did not go into the house with the others and will testify against them, county Prosecutor Tony Kendell said. Terrel has not been sentenced