Pair sentenced in son's death

A Macclesfield husband and wife were sentenced Monday in N.C. Superior Court in Edgecombe County after their 13-year-old son died after being tied to a tree over night.

Sandra McMillan, 37, took an Alford plea of one count of second-degree murder, which is a Class B felony that carries up to 40 years in prison.

This meant McMillan did not admit guilt but acknowledges that exisiting evidence from the prosecution could likely convince a judge or jury to find her guilty.

Later in court, N.C. Superior Court Judge Toby Fitch sentenced her to serve a prison sentence of 13 to 16-1/2 years.

Sandra’s husband, Brice McMillan, 42, also appeared in court Monday for sentencing. He admitted to authorities in December 2008 that he tied his son, Tyler McMillan, to a tree twice and left him outside over an 18-hour period for misbehaving.

On June 12, Sandra McMillan found her stepson unresponsive and proceeded to call 911. She failed to tell dispatchers what his condition was beforehand.

Both parents originally pleaded not guilty to first-degree murder and felony child abuse charges. Earlier this month, Brice McMillan also pleaded guilty to second-degree murder under an Alford plea.

Brice McMillan was supposed to testify against his wife if the case went to trial. Instead, he was sentenced to between 10 and 13-1/4 years in prison.

Sandra McMillan’s original trial hearing was scheduled for July 6. Before the judge’s sentencing, both McMillans offered remorseful words to their family members.

“I want to say that I am sorry,” Sandra McMillan tearfully said. “If I could go back and change any of this I would. I loved Tyler”

With his head hung low and trying to fight back tears, Brice McMillan also stood before the judge and said, “This is something that should not happen to any child.”

“I am so sorry to those who trusted me with his care. I failed as a father.”

Assistant District Attorney Steve Graham said although the boy’s death was a “maliciously concieved thought” from both parents, a plea was offered because prosecutors believe the parents did not intentionally mean to kill Tyler McMillan.

According to a December 2008 autopsy, Tyler died of dehydration and a heat stroke. Upon arrival hospital arrival, he was reported with a body temperature of 105.6 degrees, flesh missing from his buttocks, insect bites, and bruises on his back by a rod-like instrument and plastic ties abrasion.