The Daily Southerner, Tarboro, NC

Local News

January 15, 2009

Stepmom pleads not guilty

Parents face murder charges

T. J. ROYAL

The Macclesfield woman charged with first-degree murder in the death of her 13-year-old stepson pleaded not guilty Wednesday in Edgecombe County Superior Court.

Bail was set at $200,000 for Sandra McMillan, 36, by N.C. Superior Court Judge Milton Fitch Jr.

Her trial date was set for July 6, and the state will not pursue the death penalty in her case.

Fitch ordered McMillan to wear an electronic bracelet at her expense if she posted bail, and said she only would be allowed to stay at her cousin's Cary residence if released. He ordered her movements restricted only to the Cary residence and to her attorney Tom Sallenger's office in Wilson.

Fitch also limited McMillan's access to her eight-year-old daughter, who lives in Florida with her grandparents, and forbid her from having any contact with her surviving step-son, who lives in North Carolina. He also forbid McMillan from visiting her Macclesfield residence at 1110 Felton Farm Road.

McMillan, wearing a yellow jumpsuit, nodded and meekly said "yes" to Fitch's question if she agreed to the conditions of her bail.

Brice McMillan, 41, did not appear in court Wednesday, as he had previously waived his right to an arraignment. It was unclear when his next court appearance would take place.

Authorities said that on June 12, Tyler Gene McMillan was found unresponsive by his stepmother after he had been tied to a tree overnight at the Macclesfield residence. He was pronounced dead later that day at Heritage Hospital in Tarboro.

The McMillans are each charged with first-degree murder and felony child abuse. Sandra McMillan could also face additional aiding and abetting first degree murder and felony child abuse charges.

The McMillans are accused of twice leaving Tyler McMillan tied to a tree overnight, when the weather had reached 90-plus degrees on both days. Smoke from the Pocosin Lakes wildfire also filled the air both days.

Tyler McMillan's autopsy report said he likely died from dehydration and heat stroke, as his body temperature was 105.6 degrees. The report stated that he had several insect bites on his arms and legs. He also had marks on his wrists and ankles, suggesting they were held together with plastic ties.

There were also bruises on his body from being struck with rod-like instrument, the report stated.

Sallenger, who referred to his client as "Sandy," told Fitch she was not a flight risk because she had no prior criminal record.

He asked that a "reasonable" bond be set for McMillan because he "desperately needs Sandy out of jail to help" with building the defense of her case.

Sallenger told the judge his client first met Brice McMillan in person in August 2006, three months after they began corresponding through the eHarmony online dating service. She lived in Florida at the time, but came with her daughter to live with him and his two sons in North Carolina after they were married Valentine's Day 2007.

Sallenger said the McMillans had a "lot of similarities," in that they were both widowed and had worked in the construction business. Sandra McMillan's first husband died in a car accident; Brice McMillan's wife died of cancer, Sallenger said.

Sandra McMillan's father and cousin were in court Wednesday.

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