Love-triangle slaying: McLean, guilty of lesser charge, to seek probation
Lawyer says he will track down Erin McLean, two sons
http://www.knoxnews.com/new...ser-charge-love-tri/With a jury putting him on a path to probation, Eric McLean said he now intends to walk the road toward finding his children.
"I am hopeful for my children that they can have a good life," McLean said.
Asked if he was going to try to track down his wife who has the couple's two sons, defense attorney Bruce Poston quickly jumped in.
"He's not going looking for them, I am," Poston said.
Poston then looked into the lenses of a small sea of cameras and spoke directly to McLean's wife, Erin McLean,.
"Wherever she is, Erin, let's dance," Poston said.
McLean walked into the courtroom today facing a first-degree murder charge and a possible life prison sentence - an automatic 51 years.
After nearly 11 hours of deliberations over two days, a jury of six men and six women instead deemed him guilty of reckless homicide, a conviction that carries no more a four-year prison term.
Because McLean, 33, has no prior criminal history, the law presumes him eligible for probation.
He was charged in the fatal shooting of 18-year-old Sean Powell, who was having an affair with Erin McLean.
She was a student-teacher at West High School, which Powell attended.
McLean insisted the shooting was an accident and occurred after a confrontation at the McLeans' home on Coker Avenue on March 10, 2007.
Powell was with Erin McLean when her husband arrived for a previously arranged date. McLean demanded Powell leave and even called 911 for help.
The two exchanged words, and Powell left.
Instead of driving away, however, he waited in his car smoking a cigarette for Erin McLean to join him.
A few minutes later, Eric McLean left the house and went to his truck. He removed a 30-30, high-powered hunting rifle, walked to Powell's car, cocked the weapon and pointed it at Powell.
Prosecutors Bill Crabtree and Takisha Fitzgerald contend he then shot Powell in the head with premeditation.
Poston and McLean say the gun discharged accidentally when Powell grabbed it.
McLean drove to a spot near West High School, abandoned his truck and was found walking along railroad tracks several miles away the next day.
Powell's adoptive parents, Scarlett and Jack Powell, left the courtroom in tears and the City County Building without comment.
Crabtree said the Powells were understandably upset at the verdict.
"They loved this boy, he was their son," Crabtree said. "He was killed.
"The Powells are extremely disappointed with the verdict and what it says about the value of a life."
Crabtree, however, did not criticize the jury.
"It didn't come as a shock," Crabtree said. "The jury had a full range of possibilities to consider.
"I thought our strongest case was voluntary manslaughter. The defendant actually helped himself when he was on the witness stand."
Asked what message he thought the case had sent, Crabtree responded: "If someone is fooling around with someone's spouse out there, you better be careful."
McLean's relatives also left the courtroom in tears, but theirs were joyful.
"I feel compassion for the (Powells)," McLean's mother, Tanya McLean said.
"It's been hard on them, too."
Poston said he had no idea what the jury would ultimately would do.
"I was scared the entire time," Poston said. "The irony is I was more nervous than (McLean)."
McLean responded, "So many people kept coming up saying they were praying for me. I just want to thank everyone for their good wishes."
Poston said he believed that the verdict resulted from McLean's testimony, and a demonstration that Poston staged in his closing argument Wednesday to show jurors how McLean's version of events fit the physical and forensic evidence.
"Eric has shown (the jury) who he is," Poston said. "You can't fake that."
As the courtroom was emptying immediately after the verdict, several employees in the City County Building came out of their offices which overlook the main floor where the courtroom is located.
They cheered and clapped for Poston.
Criminal Court Judge Mary Beth Leibowitz agreed based on the jury's verdict to relieve McLean of the requirement that he be electronically monitored and supervised by probation officers.
She set a Nov. 7 sentencing hearing. He is free on bond.
"We would be asking the court for probation," Poston said.
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It would appear to me that there's a lesson in this story somewhere.
Ron
I wonder.
