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Appeals court upholds attempted murder conviction

Posted at 2:11 pm July 14, 2021
By John Huotari Leave a Comment

Curtis-Isabell-McKinley-McGee-Sentencing-Sept-9-2019

McKinnley Earl McGee, of Oak Ridge, who is pictured above at right, was sentenced to the maximum 20 years in prison in Anderson County Criminal Court on Monday, Sept. 9, 2019, for an attempted murder during a stabbing that injured a woman so severely that she would have died if she hadn’t received medical treatment, a judge and prosecutor said. At left is defense attorney Curtis Isabell. (Photo by John Huotari/Oak Ridge Today)

 

The Tennessee Court of Criminal Appeals has upheld an attempted murder conviction against an Oak Ridge man who received the maximum 20-year prison sentence for a stabbing that injured a woman so severely that she reportedly would have died if she hadn’t received medical treatment.

McKinnley McGee was convicted of attempted second-degree murder, aggravated assault with a deadly weapon, and aggravated assault with serious bodily injury two years ago, after a one-day trial in Anderson County Criminal Court in July 2019. He was convicted of stabbing and trying to kill Machel Elaine Avery on Utica Circle in Oak Ridge on January 12, 2018.

McGee was sentenced to the maximum 20 years in prison in September that year. That was based in part on his extensive criminal record, which includes at least eight felony convictions and seven misdemeanors dating back 30 years in Anderson County and California, according to court records and information provided during the sentencing hearing.

In his appeal, McGee had questioned whether the evidence was sufficient to support his conviction for attempted second-degree murder. He argued that prosecutors had failed to prove that he acted in a way that was intended and reasonably certain to cause Avery’s death, the appeals court said.

But in an opinion published April 9, the appeals court found that the evidence was sufficient. The opinion has not been previously reported.

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Filed Under: Anderson County, Courts, Courts, Front Page News, Oak Ridge, Police and Fire, Premium Content, Slider, Tennessee Tagged With: aggravated assault, Alan E. Glenn, Anderson County Criminal Court, Appeals Court, attempted murder, attempted second-degree murder, Camille R. McMullen, Christopher Wallace, Curtis Isabell, James Curwood Witt Jr., Machel Elaine Avery, Matthew Johnston, McKinnley McGee, Oak Ridge Police Department, Renee W. Turner, Roy Frank Roberts, Tennessee Court of Criminal Appeals, Tony Craighead, Tracey Vought Williams

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