Bucio seeks more time in murder case amid probe

A Troy lawyer whose offices in three cities were searched Tuesday by law enforcement agencies is asking a judge to continue sentencing for a client convicted of murder, claiming he cannot prepare because his case file and computer were seized.

Christopher Bucio of Roberts, Kelly, Bucio LLP filed the motion for continuance late Thursday in the murder case of Patrick McGail of Troy in Miami County Common Pleas Court.

The Ohio Attorney General's Office, state Bureau of Criminal Investigation and Troy police served search warrants at the firm's offices in Tipp City, Troy and Sidney.

Questions on the searches were referred to county Prosecutor Tony Kendell, who said he couldn't comment.

A jury convicted McGail in August of murder, aggravated robbery and aggravated burglary with firearms specifications in the Oct. 30 shooting death of Nate Wintrow, 20, during a home invasion. Two co-defendants entered pleas in the case. McGail is scheduled for sentencing Sept. 29.

In the motion to continue, Bucio wrote his files including trial notes and computer were taken during the search. The search came "unbelievably" while his motion asking trial Judge Christopher Gee to reconsider a request for mistrial was pending, Bucio wrote.

He said that Kendell, who prosecuted McGail, "had members of the City of Troy Police Department (one of whom was the lead detective in the Patrick McGail case, Chris Tilley) ... execute a search warrant on the offices ... for the purpose of removing Patrick McGail's entire file."

Bucio Aug. 28 filed a motion for mistrial claiming juror misconduct in the McGail case. The motion was denied Sept. 3 by Gee. Bucio filed the motion for reconsideration Sept. 5.

The search warrants were obtained through Miami County Municipal Court and, at Kendell's request, were sealed from public view by Judge Gary Nasal.

Sept. 10:

The lawyer for Troy attorney Christopher Bucio, whose law offices in Troy, Tipp City and Sidney were searched by law enforcement this week, said he "is confident that a fair investigation will show absolutely no wrongdoing by Mr. Bucio or his professional colleagues."

Search warrants were executed at the offices of Roberts, Kelly, Bucio LLP by representatives of the Bureau of Criminal Investigation and state Attorney General Mike DeWine's office on Tuesday.

"Mr. Bucio is one of the most skilled, aggressive and ethical trial lawyers in the region. Throughout the course of his career he has helped countless individuals at their greatest times of need. Mr. Bucio welcomes any and all investigations," Ian N. Friedman, principal, McCarthy, Lebit, Crystal & Liffman Co. LPA of Cleveland said in a written statement obtained Wednesday.

"There is no doubt that the end result will be a finding that his courtroom successes are the product only of hard work and determination. His belief that an individual has the absolute right to zealous legal representation is what attracts clients across Ohio," Friedman said.

Miami County Prosecutor Tony Kendell said he could not comment on the investigation.

The prosecutor's office filed a request in county Municipal Court to seal the search warrant requests and inventory of what was taken from the Miami County offices. The request was approved by Judge Gary Nasal, which means no information was available by searching court documents as to why the warrants were sought.