Posted: 5:40 PM Nov 7, 2008
Eric McLean sentenced to
47 days in jail for reckless homicide in love triangle case
KNOXVILLE, Tenn. (WVLT) -- The man convicted of reckless homicide in the shooting death of his wife's teenage lover will spend more time in jail. You saw it first on Volunteer TV News at Noon. Eric McLean learned his fate at an emotional sentencing hearing this afternoon.
Eric McLean will spend the next 47 days in jail. He'll be on probation for the next 12 years. Before making her decision, Judge Mary Beth Liebowitz heard from both the victim's family and the man she decided to send to jail.
Before learning his fate, Eric McLean has to sit and listen to Sean Powell's heartbroken family as they ask the judge to send him to prison.
Scarlett Powell, Sean Powell's adoptive mother, told the court, "Many mornings I wake up knowing our child was taken so violently. Our family has been torn apart."
After lawyers argued and Powell's family shed their tears, Eric got the last word before Judge Mary Beth Liebowitz decided his fate. He used it to address Powell's family.
"I think about him all the time. It's just been devastating to everyone. It's been devastating to your family and I'm sorry for that. I can't express that enough," McLean said. "I just wish I could go back and change things or do things differently, but I can't."
The judge said she was giving McLean the maximum sentence, four years. But she told him he'd only have to serve 47 days in jail, starting now. Then he'll be on probation for 12 years. He left in handcuffs, but it's not enough to satisfy the victim's family."
Debra Flynn, Sean Powell's Birth-Mother, told us, "I love my son and I wish he was back here with me....He murdered my son. He's a cold-blooded murderer, he deserves more time."
Not so says McLean attorney Bruce Poston. He reminds us that the jury found McLean not guilty of murder, settling on the lesser reckless homicide charge after hearing all the evidence.
"What we saw today was an attempt to redo the trial."
Now Poston wants to redo the sentencing, saying the probation should last only four years.
"I'm disappointed in the sentence. Obviously as I told the court we're going to appeal it, and I'm particularly disappointed in the 12-year supervision."
Poston said he wanted to be clear that he's not criticizing Judge Liebowitz, though he disagrees with her on this sentence.
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Posted by: Jason Location: Salisbury, NC on Nov 27, 2008 at 04:28 PM
I think Erin is the culprit. She had sex with a minor and committed adultry and threw it in her husbands face. She needs to serve time as well.
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Posted by: Lee Location: Alabaster on Nov 17, 2008 at 09:54 AM
This 47 days was a miscarrige of justice he had intent he should have got at least 2 years
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Posted by: jamie Location: ill on Nov 16, 2008 at 05:33 PM
I watch the case of eric mclean, and i just heard the verdit friday the 14th, im truely happy,i hope now he can get on with his life with his childern away from erin she deserves to be behined bars for want she did to both men,i do feel sad for the powell family also, but there son was also a victim of erins, i hope every parent out tell there sons about erin mclean and woman likeher so theres not another tragedy story like this has been for all parties,i know are stories this all the time i was in 2 very bad marrige myself when a spouses has brought there mistress around it drives you to be a differnt person then what you are it takes alot to get away,but you have to,i do wish eric and his family alot of piece and happyness,and i do hope he can get some help to work though want he did and he can forgive his self someday.and please stay away from erin she is no good for him or his childern.sending my pray and friendship to him.
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Posted by: Dytania Location: Chicago on Nov 12, 2008 at 12:22 PM
I watched the trial of Eric and my heart just was torn. I feel bad for Eric and Sean and his parents. The person responsible for this all is Erin and she has now run off with those precious babies. I think 47 days is to long for this man who's life too is ruined and forever changed. 12 years probabtion is excessive and I think he needs to be left alone, reunited with his kids and get his life back on track. The authorities need to find erin and charge her with Sean's murder and kidnapping....
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Posted by: Patti Location: Fresno, CA on Nov 11, 2008 at 10:06 PM
After watching the trail of Eric McLean I believe that the sentence of 47 days in jail is just when you think Eric will be living in his own prison knowing what he did. However, the 12 years probation is a bit much. This had to be devastating to every one but I think if Sean’s parents need to blame some one it should be Erin. Eric was just as much a victim and If his account of the facts were so wrong why didn’t Erin testify? Didn’t she want justice for Sean? The only justice in this whole tragedy would be for Erin to turn herself in for being child molester and for the abuse of her children. The kids need a stable and loving home and role model not an immature living in the street.
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Posted by: Wendy Location: Knoxville on Nov 9, 2008 at 09:45 AM
Don't you think the memory alone is a lifetime sentence for Eric? Each day of his life he will remember this, that is a prison , maybe not behind bars, but he always will know what he did. And why would we all want him to go to prison there have it better than the people who walk the streets everyday.
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Posted by: sam Location: mississippi gulf coast on Nov 9, 2008 at 09:17 AM
I have no sorrow for mr powell,as my grandfather once said "If you play with fire your bound to get burned" Thats what happens when you play with another mans wife. He should of thought about the consequences before getting involved with the teacher slut.
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Posted by: Bob Location: Maryville on Nov 9, 2008 at 12:07 AM
we just need to be very careful who we date, and who we marry and say "I Do", who we have children with, who we sleep in bed, and who we want to spend the rest of our lives. After my divorce, I moved on and we had no children. after what I learned from my last marriage, I always keep my guard high because anything can happen. She can cheat or she can no longer want to be with me. I believe things can get gloomy and Change can happen at any time. I do not trust people because I just don't want to be the same idiot again. People who cheat are so fake. as far as charging a cheater as a sex offender does not make sense because Infidelity is a sin not a crime or a felony. Adultery is not a crime, UNFURTUNATELY! it would be cool if it was a crime and not just a sin.
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Posted by: mike Location: knox on Nov 8, 2008 at 07:22 PM
he aughta be lucky he got 47 days. wow,thats a real punishment to kill a person. that shows that the court system here had no justice!.shame on the courts,and even 4yrs?.wow,thats i could do on my head,for killin someone. but! i wouldn't be that unintellegent!. up nort you get mandatory 15-25..even thats not enough!Eric my boy,you need to count your blessings son,and get on your knees and ask the dear lord,to help you
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Posted by: John on Nov 8, 2008 at 06:05 PM
for all those saying Eric should have divorced and filed ofr custody. I don't agree with what he did but Erin would have been given custody no questions asked. A mom can be a pedophile and still be given more rights than a father will.
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Posted by: Fred Location: Camp. County on Nov 8, 2008 at 05:19 PM
Adultery should be a crime. Anyone who commits adultery should be caned and fined.
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Posted by: Dawn Walters Location: Knoxville on Nov 8, 2008 at 04:16 PM
All adulterers should be arrested and charged and made sex offenders. the crime of Adultery hurts too many people
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Posted by: Bob Location: maryville on Nov 8, 2008 at 03:15 PM
when my exwife cheated on me, I filed for divorce and moved on. She wanted a man she could control and do whatever she wanted with him; "well, good luck with that" I said. I think Eric went a little bit too far by pointing a "loaded" gun to his face. He might need a little bit of anger management but 12 year of probation might do it. I do not know Eric and I can not make any judgements agaist him.
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Posted by: cathy Location: in on Nov 8, 2008 at 03:09 PM
I TOTALLY AGREE WITH CHOLE I THINK SHE SHOULD BE BEHIND BARS SHE IS A CHILD MOLESTER AND IF YOU DONT STOP HER NOW WHEN ARE YOU GOING TO.
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Posted by: Dawn Walters Location: Knoxville on Nov 8, 2008 at 11:43 AM
Adultery should be made illegal so that the parties commiting adultery against a spouse should go to jail as sex offenders.
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Posted by: Leslie Location: Iowa on Nov 8, 2008 at 09:56 AM
The tragedy is that Eric and the Powells are all victims in the case. The manipulator/wife/girlfriend should be held cupable in some way. I understand the Powells and the birth mother's sentiments, but I fully agree that Eric's punishment will continue as long as he draws a breath regardless of how many days or years he spends on probation. Such a gentle soul, too bad he married Erin!!
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Posted by: Timbo Location: Blaine on Nov 8, 2008 at 06:59 AM
I am a relative of Scarlett Powell (1st cousin) and I feel her pain in this very tragic time. Although I disapprove of Sean's involvement with Eric McLean's wife, he still didn't deserve being slaughtered. He was murdered....and murder is murder! The sentence for Eric McLean was way too light! Personally I think that McLean should have received AT LEAST 15 years in prison with 15 years of supervised probation! There is no excuse for his actions! There is always an alternative to murder! 47 days in jail and 12 years supervised probation is only a slap on the wrist for what he did! He and his ex-wife should be serving prison terms for what they did to Sean! Nobody can ever bring Sean back, but Eric McLean is still here and he should have to pay for his actions a hell of a lot longer than what Mary Beth Liebowitz gave him!!!
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Posted by: Justina Location: Covington, Indiana on Nov 7, 2008 at 09:46 PM
I think Eric should go home and take care of his kids and Erin should be sitting behind bars! Best of luck Eric!
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Posted by: Chloe Location: Knoxville on Nov 7, 2008 at 09:10 PM
I feel sorry for the Powell family, I don't feel sorry for Sean's biological mother, she is a pathetic person. I also feel for Eric and his kids because Erin is a "whack-job"!! I don't think that there are any winners in this case, everyone has lost. Everyone but Erin, she just keeps sliding by molesting teens. If she were a man, she would be under the jail by now. I hope that she will get what is coming to her soon!!!!
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Posted by: vincent Location: clinton on Nov 7, 2008 at 08:32 PM
let him go, i have been there, if it was your wife what would you have done
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Posted by: KNOXVILLE on Nov 7, 2008 at 08:02 PM
MUDER IS MURDER EITHER WAY YOU LOOK AT IT,THIS HERE JUST SHOES THE SYTEM DOESN'T WORK,ERIC NEED OT BE IN PRISON,DOING A LIFE SENTENCE JUST LIKE EVERY OTHER PERSON THAT COMMITS MURDER,
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Posted by: laura Location: knoxville on Nov 7, 2008 at 06:33 PM
I think he should not spend 1 more day in jail!!! His ex-wife should be the one in jail but she's out free to molest more kids!!!
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Posted by: kathy Location: jefferson city on Nov 7, 2008 at 05:46 PM
I feel Eric should be let free with parole only, If he caught his wife with another man and commiting adultry I feel let him go home and take care of his children and the law should pursue the wife.