Judge Refuses To Tag Convicted Man With Sex-Offender Label

11-16-2009 Connecticut:

VERNON — - That Jeffrey McEwen is a violent drunk who intended to murder two people the evening of June 2, 2008, at 17 Pillsbury Hill was not in dispute Friday at Superior Court in Rockville.

The question was whether McEwen was a sexual predator deserving of being on the state sex offender registry.

About 11 p.m. that June night, McEwen fired a bullet into a man's chest, then turned the weapon toward a woman and fired again. The pistol misfired, so McEwen choked her until she was unconscious. When she stirred a moment later, McEwen said to her, "Oh, you're still alive?"

He then began to undo the woman's bra, pull down her pants and ask the seriously wounded man lying on the floor where he kept his condoms. He also told the woman he intended to rape her. A sexual assault, however, did not occur.

McEwen, 39, who was found guilty in May of first-degree assault and second-degree strangulation, was ready to accept his 25-year sentence in prison. He was not willing, however, to be labeled a sex offender.

Tolland State's Attorney Matthew C. Gedansky, arguing that McEwen's conduct that evening made his crimes sexual in nature, urged Judge Terence A. Sullivan to require that McEwen register as a sex offender when he gets out of prison at age 63.

Sullivan wasn't so sure. "He thought he killed her, thought she was dead before anything sexual came up," Sullivan said. Gedansky agreed with the judge's interpretation but then said it would be reasonable to infer that McEwen intended to sexually assault the woman's dead body. The judge wasn't willing to go that far.

Larry Bates, McEwen's lawyer, argued that there was no sexual element to the crime. Sullivan agreed and declined to require registration as a sex offender.

"Mr. McEwen's prime purpose in being in that room on that night was to kill two people," the judge said.

Had he not been interrupted by another person in the home that night, McEwen would have killed the woman, Sullivan said.

The judge then imposed the sentence of 25 years and marshals led McEwen from the courtroom. ..Source.. by DAVID OWENS