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Local News
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Thursday, July 03, 2008, 10:33 AM
Hearing postponed in Macclesfield murder case By Gina Childress | Daily Times Staff Writer TARBORO -- The probable cause hearing in Edgecombe County Court for a Macclesfield couple accused of murdering their 13-year-old son after leaving him tied to a tree for two nights, was postponed Wednesday. The hearing was continued until Aug. 7, said Wilson attorney Tom Sallenger, who is representing 36-year-old Sandra McMillan. "I just became involved in the case," Sallenger said. "I haven't had a lot of time to get up to speed on the evidence. This continuance will allow me time to do just that." A probable causing hearing is the preliminary hearing that typically takes place after a defendant is arraigned on the charges against them and before a serious crime goes to trial. During the hearing, a judge is presented with the basis of the prosecution's case and the defendant has the right to cross-examine the prosecution witnesses and the right to be represented by legal counsel. If the prosecution cannot make out a case of probable cause the court must dismiss the case against the accused. According to North Carolina law, the attorneys for the defendants have the right file a waiver with the court to skip the probable cause hearing. Sallenger said that one reason for doing this would be to receive the state's evidence about the case earlier. Allen W. Powell, a Raleigh attorney, is representing 41-year-old Brice McMillan. The McMillans are accused of tying their son, Tyler Gene McMillan, to a tree for two nights as punishment for disobedience. The 13-year-old boy was found unresponsive outside the house on June 12. According to Edgecombe County Sheriff James Knight, the father told a deputy that the child was being disobedient and was forced to sleep outside while tied to a tree with plastic restraints similar to handcuffs. The father told the deputy that he untied the boy the next morning and allowed him back into the house, but the teen started misbehaving again and was tied to the tree again later that night. Both parents are charged with one count of first-degree murder and one count of felony child abuse. Discovery in the case is still ongoing and the results of Tyler's autopsy are still pending. gina@wilsontimes.com | 265-7821
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