McGee Jr. granted pretrial diversion

The newest member of the Warren County School Board will avoid trial while his father is asking for the same treatment in connection with an alleged fistfight inside Furniture Depot which ended when a gun was pulled.

The court has ordered prosecutors to give 1st District School Board member Gordon McGee Jr., a pretrial diversion on charges of assault. A pre-trial diversion means McGee will not have to enter a guilty plea, Instead, the charges will be held for a certain time and then dismissed and his record expunged if there is no further trouble.

Meanwhile his father, Gordon McGee Sr., local developer and founder of Pioneer Building Supply, is charged with aggravated assault for pulling a gun during the fight. He has been turned down on his pretrial diversion request ‘ a move he is appealing to the state appeals court.

McGee Sr., believes he should also get a diversion due to his lack of past criminal record but prosecutors contend his dangerous conduct in pulling a gun on two business owners precludes him from escaping trial.

Originally, prosecutors denied Gordon Jr.’s request for a pretrial diversion, saying his actions set a bad example for the community.

‘He held himself out as a leader of this community and this fact raises concern over his judgment in initiating this confrontation and the example it sets for the community,’ special prosecutor Mark Tribble said in denying McGee Jr.’s original petition for a diversion.

However, the special judge in the case ordered prosecutors to give the diversion, saying they overstepped their boundaries in denying the school board member’s request.

‘The court finds the assistant attorney general (Mark Tribble) failed to articulate, consider and weigh all relevant factors in evaluating the pre-trial diversion application,’ Judge John Ashe said. ‘The assistant district attorney abused his discretion in evaluating the application.’

Specifically, Judge Ashe found that Tribble held McGee Jr., to a higher standard because he is a school board member.

‘The conduct that led to the assault charge did not occur during the course of his official duties as a public official,’ Judge Ashe said. ‘The assistant district attorney improperly denied the pretrial diversion.’

Judge Ashe’s order means McGee Jr., will enter a memorandum of understanding to settle his case without a trial. Meanwhile his father will have to wait for a verdict from the state court of appeals as to whether he can get a diversion or if he will have to stand trial. In the meantime, both McGees have offered to surrender their gun carrying permits.

The McGees were arrested last year following a fight inside Furniture Depot near Village. The co-owners of the store, Steve Ray and Patti Davis, say the McGees started a fight and that McGee Sr., pulled out a gun and held it on them until police arrived and disarmed him.

During a preliminary hearing, police revealed Gordon Sr., had told them he pulled the gun because he has a pacemaker and was afraid if he got hit in the chest it would kill him.

While the cause of the fight has been up for debate, court papers reveal the bad blood between the McGees and the store owners may have dated back for months when one of the McGee children were told to stop climbing on furniture inside the store. After that incident, the store owners claim they were given ‘angry looks’ by Gordon Jr., and his wife when they were doing business at a nearby hair salon. The McGees have denied the claim.

It was during one of Gordon Jr.’s visits to the salon which sparked the fight as he reportedly parked his truck in front of Furniture Depot. Ray threatened to have the vehicle towed if it was not moved, prompting the junior McGee to call his father, a call he maintains was made to get the number of the owner of the shopping center.

The fight then ensued just inside the front door of the store with varying claims as to who threw the first punch. There is no argument that Gordon Sr., pulled a gun during the fight as a police officer testified he made him lower his weapon at gunpoint.

While potentially facing three to six years in prison for aggravated assault, Gordon Sr., maintains he has a right to a pretrial diversion. The request comes after scores of letters of support for both the McGees were sent to the court by various people of the community, including prominent business leaders and elected officials, all of whom described the businessmen as people of good character.