Two Troy teens charged with murder in the Oct. 30 shooting of Nathan Wintrow during a home invasion will have separate jury trials in Miami County Common Pleas Court.
Judge Christopher Gee filed a decision April 15 granting the request for a separate trial for Patrick McGail, 18.
McGail and Jason Sowers II, 17, were indicted by a county grand jury on charges of murder, aggravated robbery and aggravated burglary with firearms specifications in the death of Wintrow, 20, at his Canal Street home.
Witnesses at previous court hearings testified the men went into the house that night to rob Wintrow.
Sowers is the accused gunman. A trial for the two was scheduled for May.
McGail's lawyer, however, filed a motion for a separate trial saying evidence and testimony against one defendant might not apply to the second. That could lead to confusion of a jury and an unfair trial for McGail, defense lawyer Chris Bucio wrote in the motion.
Bucio also requested a trial continuance. He said more time was needed to review a large amount of information received recently from prosecutors.
Gee granted the motions for a separate trial and for continuing McGail's trial. It now is scheduled to begin Aug. 5.
Sowers' lawyer, John Herndon, did not oppose the motion for separate trials, but did not ask for a continuance. Sowers' trial is scheduled to begin May 13.
Each trial is scheduled for four days.
Sowers remains in jail while McGail is free on posted bail.
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’s sentencing initially was scheduled for this month, then continued.