MIAMI COUNTY — Tearful testimony from Nathan Wintrow’s parents and the mother of his child were presented during a wrongful death suit hearing to Miami County Common Pleas Court Judge Jeannine Pratt, who presided over the hearing on Tuesday.
The estate of Nathan Wintrow filed a wrongful death suit against Jason Sowers, Patrick McGail and Brendon Terrel on Oct. 28, 2014, as well as claims of parental liability against McGail’s parents, Sower’s mother and “Jane Doe and John Doe.” The hearing was in regards to Sower’s damages for his role in Wintrow’s murder. Sowers did not appear in court nor did he respond to the wrongful death complaint.
According to court documents, settlements have been reached with McGail’s parents, Sower’s mother and Brenden Terrel in earlier court proceedings.
On Tuesday, attorney Benjamin Eberly called litigation support services expert John Bosse to provide an estimate of Wintrow’s potential earnings and loss of parental support regarding his now 4-year-old son Braxton Wintrow who was 2 years old at the time of Wintrow’s death.
Bosse calculated Wintrow’s minimum potential contribution to his son’s support as $149,416 through the age of 18, according to USDA figures including an inflation rate of 3 percent. Eberly noted that Wintrow was 20 years old at the time of his death, making it difficult to project his potential income earnings.
The mother of Wintrow’s child, Sadie Barker, testified how Wintrow contributed to their child’s care while they were living together at the Canal Street home where Wintrow was fatally shot and killed on Oct. 30, 2013. Jason Sowers, then 17, and Patrick McGail, now 20, entered the duplex on East Canal Street through the back door. Sowers admitted to shooting Wintrow in the head after fighting in the hallway after he and McGail broke in the house.
Barker said her son receives Social Security benefits and tearfully recalled how Wintrow and her son were “inseparable.” Barker stated Wintrow worked seasonal and part-time jobs and stayed at home with their son and provided for his needs before his death.
Wintrow’s parents, Teresa McKinney and administrator of the estate, David Wintrow, also spoke of the loss of their son on the witness stand.
In closing, Eberly noted that Wintrow’s death has had an emotional effect on his parents, Barker who witnessed the event as well as their son who was also at home at the time of the murder. Eberly also stated Wintrow’s death wasn’t an accident, but an intentional act.
Sowers, now 18, was sentenced to 18 years to life in prison for murder, aggravated burglary and aggravated robbery, while Brendon Terrel, now 21, was sentenced to 14 years in prison for aggravated robbery and aggravated burglary. McGail was found guilty by a jury for murder, aggravated burglary and aggravated robbery with firearm specifications. He was sentenced to serve 24 years to life for his role, but recently was granted a new hearing in regards to his sentence by the Ohio Second District Court of Appeals.