Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, April 5, 1991 TAG: 9104050262
SECTION: VIRGINIA PAGE: B1 EDITION: STATE
SOURCE: PAUL DELLINGER SOUTHWEST BUREAU
DATELINE: HILLSVILLE LENGTH: Medium
After deliberating nearly three hours, a jury convicted James Burton McGee and recommended four life sentences plus 143 years in prison.
Circuit Judge Duane Mink agreed to have pre-sentencing and victim-impact reports prepared. He set sentencing for June 17.
McGee took the stand during the second day of his trial Thursday and denied that he was the gunman who invaded the Hillsville home of Tommy and Joyce Slusher on Jan. 22, 1990.
He said a half-brother gave him the items stolen from the home that later were found in McGee's possession.
He admitted having lived for two weeks in a building only 150 feet from the Slushers' home, but insisted he had never seen the couple or watched their activities.
The ski-masked gunman who seriously wounded Tommy Slusher and terrorized his wife was obviously familiar with their schedules from things he told her while holding her prisoner, Joyce Slusher had testified Wednesday.
She managed to work free of her bindings and, despite having her wrists handcuffed behind her, escaped from the house.
McGee was arrested a few days later in Wythe County. Authorities found a camera, tape-player, surveying equipment and other items stolen from the home. He was also wearing a wristwatch belonging to Tommy Slusher.
A Smyth County man had testified Wednesday about buying two pistols from McGee, one that had been stolen from the Slusher home and the other identified by forensics experts as the one that fired shells found in the home.
McGee said he had met a half-brother named Denton Ray McGee while walking from Hillsville back to the old house where he was staying. He said he had not seen the man since 1983, when they parted on unfriendly terms - with the man even shooting at him.
Still, he said, he took the man with him to where he was staying. He said it was the half-brother who suddenly came up with a Subaru in which they drove to Glade Spring.
McGee said he dropped off his half-brother in Bristol and left the car in Glade Spring as his brother had instructed. The car was recovered and identified as belonging to the Slushers.
He said he had never seen the car at the Slushers' home next to where he was staying. He also denied hearing any shots coming from the Slusher home.
He said his half-brother gave him the various items, which later proved to have been stolen from the home, in payment for a debt he owed McGee from years ago.
Commonwealth's Attorney James Ward expressed doubt that McGee would have invited an armed relative, who had tried to shoot him the last time they were together, to where he was staying.
Defense attorney Jonathan Venzie argued that the evidence was consistent with McGee's version of what happened. "You can suspect that Mr. McGee did it. You can have a strong suspicion that he did it. That's not enough," Venzie said.
McGee drew life sentences on each of two convictions of rape and sodomy, 40 years for abduction with intent to defile, 35 years each for robbery and burglary with intent to commit a felony, 10 years for attempted murder, five years for grand larceny, two years for use of a firearm in the commission of burglary and four years each on four counts of using of a firearm in the commission of a felony.
by CNB