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McClellon pleads guilty to manslaughter

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By John Zambenini
November 2, 2008
Demetrius McClellon, 18, right, smiles at the camera while pleading guilty to first-degree manslaughter as he stands with his attorney, George Sornberger, at the Franklin County Courthouse Friday afternoon.
Photo By Hilly SchifferDemetrius McClellon, 18, right, smiles at the camera while pleading guilty to first-degree manslaughter as he stands with his attorney, George Sornberger, at the Franklin County Courthouse Friday afternoon.

The man charged with murdering a Frankfort man in January at the Hickory Hills Manor in East Frankfort has pleaded guilty to lesser charges.

Demetrius McClellon, 18, of Louisville, appeared in Franklin Circuit Court Friday to enter a guilty plea after a deal with prosecutors.

Smiling at reporters, McClellon, who was just 17 at the time of the murder, testified in court he committed the crime that left Jonathan L. McFadden dead after he was shot in the head Jan. 24.

McFadden, 20, was taken to Frankfort Regional Medical Center before being airlifted to the University of Kentucky Hospital where he died.

Commonwealth's Attorney Larry Cleveland said the deal for McClellon, who was treated as an adult, came about because of a potentially confusing set of juror instructions if the case had gone to trial.

According to Cleveland, the plea deal involved the Castle Doctrine, which allows those defending their homes to use deadly force " although McClellon entered McFadden's residence in an apparent robbery. That might have made it difficult to get a murder conviction, Celveland said.

The deal, which amended McClellon's murder charge to first-degree manslaughter, said he acted "under the influence of extreme emotional disturbance," while shooting and killing McFadden.

McClellon could face up to 20 years in prison, but the Commonwealth recommended 10 years as part of the agreement.

McClellon is not eligible for probation and must serve 85 percent of his sentence before being eligible for parole.

George Sornberger, McClellon's attorney, told The State Journal McClellon has had a hard life, but can turn it around.

"We have the opportunity for this young man to have another chance if the judge accepts the plea recommendation," Sornberger said.

U.S. Marshals caught McClellon, who is currently being held at the Franklin County Regional Jail, in July in Cincinnati after a multi-state search.

McClellon's sentencing is set for Jan. 23, just one day shy of the one-year anniversary of McFadden's slaying.




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 6 Total Comments
6.
    Posted by Tyler Durden November 3, 2008
crypt keeper

5.
    Posted by pinpointer November 3, 2008
Defending his home..??? Did Cleveland mean defending his parking lot where he shot the victim in the back of the head in cold blood...oh yeah, nice interpretation of the law Larry...Clevelend Making his own law....

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal concept derived from English Common Law, which designates one's PLACE OF RESIDENCE as a place in which one enjoys protection from illegal trespassing and violent attack. It then goes on to give a person the legal right to use deadly force to defend that place (his/her "castle"), and/or any other innocent persons legally
I N S I D E it, from violent attack or an intrusion which may lead to violent attack. In a legal context, therefore, use of deadly force which actually results in death may be defended as justifiable homicide under the Castle Doctrine

Strange..it does not mention shootign someone in the back of the head in a P A R K I N G L O T


4.
    Posted by Orbit November 2, 2008
MULLET!

3.
    Posted by judyperkins November 2, 2008
What ashame! Two young lives messed up forever. Obviously the victim will and cannot return. As for the perpetrator, I am glad to see that juveniles are tried as adults. What did you gain from this murder? Nothing. While you must serve 85% of your sentence, I hope that the Parole Board decides that you need to be incarcerated much longer. Judith Perkins, Jeffersontown, Ky. 40299

2.
    Posted by SHEEPDOG November 2, 2008
Yet another example of Larry Cleveland's inability to prosecute a case. It looks like Mr. McClellon can be a free man after 8 1/2 years of incarceration. Thanks Larry, now I know that if someone close to me is killed, or worse yet, I am murdered, the culprit will get a quick plea bargain and be out of prison before he is thirty years old. Way to go!

1.
    Posted by FRANKFORTSFINEST November 1, 2008
wonder how he would feel if someone shot his mom in the head?cause you now how the other boys mom feels and she is not laughfing.dumass ?????!!!

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