Since I know a number of Tyler's family and friends are reading, I have this sad - but not unexpected - story to forward.
Yesterday Michael Jemar McLean was found Not Guilty by Reason of Insanity in the May 27 murder of Tyler Lynn-Gainous. McLean entered the plea, Judge William O'Brien accepted it, and Michael was committed to the Department of Behavioral Health and Developmental Services.
The Virginian-Pravda says the evaluations were done by a psychologist and a social worker. Someone was found NGRI without a doctor's evaluation?!? Second, do we want case law stating that a paranoid schizophrenic off his medications can commit murder?
Showing posts with label Lynn-Gainous shooting. Show all posts
Showing posts with label Lynn-Gainous shooting. Show all posts
Wednesday, November 16, 2011
Friday, August 12, 2011
McLain Case Hits The Courtroom
This morning the case of Michael McLain was taken up in Virginia Beach District Court, Criminal Courtroom 2, but only briefly. Lawyers from both sides appeared, the Commonwealth filed a motion, and a next date for the case was set. It will be back in District Court on October 7. McLain is charged in the May 27 murder of Tyler Lynn-Gainous. McLain himself never entered the courtroom today.
I made the trip down to the Courthouse this morning. When Michael's mother saw me, she made a few over-the-top comments about my being present. (Last time I checked, trials of adults in this country were public.) However, I shouldn't personalize it, as she's obviously distraught over her son's predicament.
For Tyler's out-of-area family and friends, District Court proceedings in Virginia are conducted with the lawyers, defendant, witnesses, et al standing at the judge's bench. Therefore, it's difficult to hear elsewhere in the courtroom. I think I heard what was being said, but don't want to run with it as a story without being sure. I called the Clerk's office this afternoon, they provided the next court date, but didn't have a scanned copy of the motion. As I know a number of you are depending on me for information, I'll try to verify it early next week.
I made the trip down to the Courthouse this morning. When Michael's mother saw me, she made a few over-the-top comments about my being present. (Last time I checked, trials of adults in this country were public.) However, I shouldn't personalize it, as she's obviously distraught over her son's predicament.
For Tyler's out-of-area family and friends, District Court proceedings in Virginia are conducted with the lawyers, defendant, witnesses, et al standing at the judge's bench. Therefore, it's difficult to hear elsewhere in the courtroom. I think I heard what was being said, but don't want to run with it as a story without being sure. I called the Clerk's office this afternoon, they provided the next court date, but didn't have a scanned copy of the motion. As I know a number of you are depending on me for information, I'll try to verify it early next week.
Thursday, July 14, 2011
McLean Retains Public Defender
Michael McLean has retained the public defender, who will be his attorney in his upcoming murder trial.
An investigator from the public defender's office was in the neighborhood on Tuesday, seeking residents who may have information.
An investigator from the public defender's office was in the neighborhood on Tuesday, seeking residents who may have information.
Wednesday, July 6, 2011
McLean Case Continued?
I was just on the phone with the District Court Clerk's office criminal desk. "It appears" that Michael McLean's first court appearance has been continued until August 12.
It was originally scheduled for tomorrow (July 7).
It was originally scheduled for tomorrow (July 7).
Wednesday, June 1, 2011
Mike McLean Charged In Lynn-Gainous Shooting
Michael Jemar McLean has been charged with second degree murder and use of a firearm in the shooting of Tyler Lynn-Gainous.
MIKE
I thought I knew him: he lived two apartments up from mine. He was one of the nicer neighbors to me. He was usually amiable and mild-mannered. Even when he appeared to be agitated, he would quietly keep it to himself. Therefore, I'm somewhat surprised that he would shoot someone in cold blood as charged.
On the other hand, I never knew of Mike having a steady job. He would talk of getting one, and doing things to improve himself (like his older brother did), but I never knew of him doing such.
I had a beer with him on Thursday evening, less than 24 hours before the murder. (Mike knew I normally keep beer in my refrigerator as a social inducement for neighbors.) He laughed at how fast I drank mine.
Another point: where did the gun come from? The standard Aden Park lease prohibits tenants from keeping firearms in their units. Simply having a gun at home would be grounds for eviction.
THE CHARGES (OR, WHAT YOU CAN LEARN VIA GOOGLE)
Second degree murder carries a penalty of anywhere between 5-40 years. It's the default charge in a case where the Commonwealth's Attorney doesn't have enough evidence to prove first degree or capital murder beyond a reasonable doubt.
Use of a firearm is a distinct charge in Virginia. Using a firearm in the commission of a felony carries an automatic 3 year penalty for first offense, 5 years for second offense.
For Tyler's family and friends reading in New Jersey, Virginia has jury sentencing. The jury not only determines guilt or innocence, but passes sentence if they convict. Our juries tend to be tougher than judges.
OUR CHILDREN
Usually there are small children outside playing on Jasper Court from after school until 7:30-8 in the evening.
They still haven't returned to their normal play patterns. We're not over this tragedy until parents believe it's safe to send their children outside.
MIKE
I thought I knew him: he lived two apartments up from mine. He was one of the nicer neighbors to me. He was usually amiable and mild-mannered. Even when he appeared to be agitated, he would quietly keep it to himself. Therefore, I'm somewhat surprised that he would shoot someone in cold blood as charged.
On the other hand, I never knew of Mike having a steady job. He would talk of getting one, and doing things to improve himself (like his older brother did), but I never knew of him doing such.
I had a beer with him on Thursday evening, less than 24 hours before the murder. (Mike knew I normally keep beer in my refrigerator as a social inducement for neighbors.) He laughed at how fast I drank mine.
Another point: where did the gun come from? The standard Aden Park lease prohibits tenants from keeping firearms in their units. Simply having a gun at home would be grounds for eviction.
THE CHARGES (OR, WHAT YOU CAN LEARN VIA GOOGLE)
Second degree murder carries a penalty of anywhere between 5-40 years. It's the default charge in a case where the Commonwealth's Attorney doesn't have enough evidence to prove first degree or capital murder beyond a reasonable doubt.
Use of a firearm is a distinct charge in Virginia. Using a firearm in the commission of a felony carries an automatic 3 year penalty for first offense, 5 years for second offense.
For Tyler's family and friends reading in New Jersey, Virginia has jury sentencing. The jury not only determines guilt or innocence, but passes sentence if they convict. Our juries tend to be tougher than judges.
OUR CHILDREN
Usually there are small children outside playing on Jasper Court from after school until 7:30-8 in the evening.
They still haven't returned to their normal play patterns. We're not over this tragedy until parents believe it's safe to send their children outside.
Saturday, May 28, 2011
Tyler Lynn-Gainous Shot
As you may have read or seen by now, Tyler Lynn-Gainous was shot on Weaver Drive late Friday afternoon and killed.
I haven't been one for blogging crime stories. (Then, I haven't seen a blog that regularly does.) However, this shooting is quite different for me. The victim died about 35 yards from my apartment's front door. One of my neighbors was taken into custody by the Virginia Beach Police Department (VBPD) as a "person of interest" for questioning. Therefore, I won't take the usual approach to such an event, but want to look at how such a tragedy impacts a neighborhood. With (hopefully) a murder trial in the months to come, this may become a series.
WEAVER DRIVE
My home neighborhood for over 8 years now. Weaver is a cul de sac with two apartment complexes on it. Aden Park Apartments is the front of the two, providing about 10% of the units in its price range in Virginia Beach. Behind it is Ebbets Plaza, one of the few directly-subsidized apartment complexes in town. The neighborhood is poor, and about 90% minority. (I'm used to being the only White at a social gathering.)
The neighborhood was troubled in the 90s, but brought back through a concerted effort. VBPD came in and did community policing. (Among those who served here was current VBPD Deputy Chief John Bell.) A new company acquired Aden Park and upgraded it. The Community Manager chosen has been excellent: a firm but fair lady who will refuse to renew leases, and even evict, on those who are problem residents.
However, I've seen symptoms of backsliding over the past 10 months and have spoken to a couple of people about it. If there's a silver lining to this tragedy, maybe it will be the alarm that triggers a comprehensive process for improving our neighborhood.
For the purpose of the shooting, let me set the geography. Tyler Lynn-Gainous lived on Williams Court, the first cluster of apartments on the left side of Weaver Drive as you come in. The person of interest lived on Jasper Court, the first cluster of apartments on the right side of Weaver as you come in. The shooting was on Weaver, with the victim dying on the sidewalk on the Williams side of Weaver.
FRIDAY NIGHT
I worked Friday afternoon. With HRT's Route 20 messed up at rush hour, it was about 6:30 before I reached my home neighborhood. As I approached, I could see VBPD had Weaver blocked off. At first I thought we'd had a traffic accident, but then noticed how large an area was cordoned off with yellow crime scene tape. Something serious had happened. I told the cop at the entrance of Weaver that I was a resident, and he told me to walk through via the fields to the north. I had already figured that was probably the only way in, but had never walked it as long as I've lived here.
Entering Jasper, the crime scene tape came to within yards of my door. A black screen concealed the body on the sidewalk on the far side of Weaver. Small groups of residents stood along the edge of the crime scene trying to see what was going on in our neighborhood.
After dinner and a short Internet session, I came back outside. Some were still watching. I grabbed my favorite lawn chair and took a seat. The body was removed in a body bag about 8:30. Policewomen were combing the grass for evidence, and photos were being taken. VBPD pulled out shortly after 9 P.M.
Once the tape came down, I wanted to go look at where my neighbor had died. Before I could get out of my lawn chair, two women were already there. I went over and said a prayer. Despite the area being sprayed to clear blood at the end of the investigation, I could see it in a couple places. Within minutes, neighbors began erecting a makeshift memorial at the site of the death.
SATURDAY
I noticed on Saturday morning that the memorial was growing. Already having planned a shopping run for Saturday earlier in the week, I bought a candle for the memorial while I was out. Shortly after getting home, I took it across the street. I blessed it in the manner of a priest, lit it, and placed it among the others.
Today was eerily quiet in our neighborhood, especially for a Saturday. I neither saw nor heard any children outside playing, despite the great weather. Parents may have been keeping them inside.
I've been checking the Internet throughout the day for updates on the case, but haven't seen anything yet.
I thought I should go relight all the candles at dusk. Taking out garbage in the early evening, I noticed someone else already had. They look beautiful in the dark tonight.
I haven't been one for blogging crime stories. (Then, I haven't seen a blog that regularly does.) However, this shooting is quite different for me. The victim died about 35 yards from my apartment's front door. One of my neighbors was taken into custody by the Virginia Beach Police Department (VBPD) as a "person of interest" for questioning. Therefore, I won't take the usual approach to such an event, but want to look at how such a tragedy impacts a neighborhood. With (hopefully) a murder trial in the months to come, this may become a series.
WEAVER DRIVE
My home neighborhood for over 8 years now. Weaver is a cul de sac with two apartment complexes on it. Aden Park Apartments is the front of the two, providing about 10% of the units in its price range in Virginia Beach. Behind it is Ebbets Plaza, one of the few directly-subsidized apartment complexes in town. The neighborhood is poor, and about 90% minority. (I'm used to being the only White at a social gathering.)
The neighborhood was troubled in the 90s, but brought back through a concerted effort. VBPD came in and did community policing. (Among those who served here was current VBPD Deputy Chief John Bell.) A new company acquired Aden Park and upgraded it. The Community Manager chosen has been excellent: a firm but fair lady who will refuse to renew leases, and even evict, on those who are problem residents.
However, I've seen symptoms of backsliding over the past 10 months and have spoken to a couple of people about it. If there's a silver lining to this tragedy, maybe it will be the alarm that triggers a comprehensive process for improving our neighborhood.
For the purpose of the shooting, let me set the geography. Tyler Lynn-Gainous lived on Williams Court, the first cluster of apartments on the left side of Weaver Drive as you come in. The person of interest lived on Jasper Court, the first cluster of apartments on the right side of Weaver as you come in. The shooting was on Weaver, with the victim dying on the sidewalk on the Williams side of Weaver.
FRIDAY NIGHT
I worked Friday afternoon. With HRT's Route 20 messed up at rush hour, it was about 6:30 before I reached my home neighborhood. As I approached, I could see VBPD had Weaver blocked off. At first I thought we'd had a traffic accident, but then noticed how large an area was cordoned off with yellow crime scene tape. Something serious had happened. I told the cop at the entrance of Weaver that I was a resident, and he told me to walk through via the fields to the north. I had already figured that was probably the only way in, but had never walked it as long as I've lived here.
Entering Jasper, the crime scene tape came to within yards of my door. A black screen concealed the body on the sidewalk on the far side of Weaver. Small groups of residents stood along the edge of the crime scene trying to see what was going on in our neighborhood.
After dinner and a short Internet session, I came back outside. Some were still watching. I grabbed my favorite lawn chair and took a seat. The body was removed in a body bag about 8:30. Policewomen were combing the grass for evidence, and photos were being taken. VBPD pulled out shortly after 9 P.M.
Once the tape came down, I wanted to go look at where my neighbor had died. Before I could get out of my lawn chair, two women were already there. I went over and said a prayer. Despite the area being sprayed to clear blood at the end of the investigation, I could see it in a couple places. Within minutes, neighbors began erecting a makeshift memorial at the site of the death.
SATURDAY
I noticed on Saturday morning that the memorial was growing. Already having planned a shopping run for Saturday earlier in the week, I bought a candle for the memorial while I was out. Shortly after getting home, I took it across the street. I blessed it in the manner of a priest, lit it, and placed it among the others.
Today was eerily quiet in our neighborhood, especially for a Saturday. I neither saw nor heard any children outside playing, despite the great weather. Parents may have been keeping them inside.
I've been checking the Internet throughout the day for updates on the case, but haven't seen anything yet.
I thought I should go relight all the candles at dusk. Taking out garbage in the early evening, I noticed someone else already had. They look beautiful in the dark tonight.
Subscribe to:
Posts (Atom)