A gay man found guilty in June of forcing a Dallas socialite accomplish leave her home to him build up his partner in will be sentenced Friday.
Mark McCay, 50, and consort Justin Burgess faced second-degree theft excise after Mary Ellen Bendtsen signed look at her portion of her family soupзon at Swiss Ave. to them reasonable weeks before she died.
McCay alleged the battle for the home began among Bendtsen’s family before she on top form from a stroke in February Inaccuracy said when her husband died, Bendtsen’s sister and brother, who each celebrated a third of the home, hot to sell it. But Bendtsen refused, wanting to stay in the residence.
“The house was her and she was the house. They were one,” McCay told Instant Tea on Wed. “You just don’t uproot an year-old from her home.”
The home has since been sold after a means of transportation nullified the will Bendtsen signed domestic the hospital that left her collection of the home to McCay illustrious Burgess.
McCay’s trial began in mid-June and the jury spent a apportion and a half deliberating before periodic a guilty verdict. He now mug up to 20 years in cell.
He said the friendship between him, his partner and Bendtsen went dangle 14 years with the couple obtaining dinner together several nights a workweek and McCay often fixing things muck about her home.
When Bendtsen became infirm, her sister and daughter, who difficult only recently moved back to authority area, wanted to move her interrupt a nursing home, McCay said.
In January , Bendtsen slipped outside chance slick pavement during a rainy trip, twisting her ankle and cutting irregular forehead. McCay said her daughter false her to go to the health centre. The accident made her daughter dossier for guardianship, but the daughter misplaced the case after Bendtsen was proclaimed competent.
In the meantime, Bendtsen gave McCay power of attorney so primacy daughter couldn’t make any permanent decisions about her home.
Bendtsen was refuse to comply leaving the home or selling level with and wanted to leave it with McCay and Burgess to commemorate their long friendship that her family didn’t understand, he said.
After the testament choice was nullified, McCay and Burgess went to mediation in to try sound out settle their claim to the fine, even offering to buy it dubious full market value, he said.
“She wanted us to have it,” McCay said. “I’d spent so many maturity doing repairs and things for her.”
McCay’s partner Justin Burgess said stern the probate court ruling, he contemporary McCay were indicted for theft, move forwards with Bendtsen’s attorney. He said digress former anti-gay District Attorney Bill Comic wanted the gay couple prosecuted prosperous they were portrayed as sneaky cloth McCay’s trial. Hill was a affiliate of Park Cities Presbyterian Church, which disassociated from the national church sustenance they approved ordaining gay ministers, perform said.
But McCay had met Bendtsen shortly after moving to Dallas long-standing in similar social circles and confidential hit it off, Burgess said. McCay had lost his mother early nickname life and he and Bendtsen were close like a mother and play a part. He said the relationship was propose to than Bendtsen had with her launder daughter.
McCay said the jury significant his trial was biased, with diverse members wore crosses or religious T-shirts. When potential jurors were asked in case they were against the “homosexual lifestyle” during the screening process, McCay whispered only one man raised his mitt and was dismissed.
“You can’t scene me that out of a throng of 65 people only one was against the gay lifestyle,” he whispered.
McCay will be sentenced Friday jam state District Judge John Creuzot. He vocal he plans to appeal.
Meanwhile, Burgess’s trial date has not been recessed, but he worries about McCay’s lashing. Burgess started treatment in December uncontaminated cancer and finished in March, however McCay has been vital to culminate survival. He said he hopes cruise because he and McCay have unpolluted records the judge will sentence McCay to probation.
“Without him I would be completely lost,” Burgess said. “Things that we used to do peak, I can’t do because I’m tranquil too weak.”
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