2013 murder convict back in court

PRINCETON, W.Va. (WVVA) - Marcus McKinley was convicted of first degree murder in 2013. He made a return to court on Monday to try and get parole as part of his life sentence. When McKinley was originally sentenced he was given life without the possibility of parole.

He was convicted after prosecutors said he shot and killed his girlfriend, Ayanna Patton at her apartment in 2011. Patton was also the mother of his child. Court records show that McKinley had shot Patton because he saw explicit messages on her phone from another man. McKinley’s lawyer argued that former defense attorney’s for McKinley were ineffective in helping with previous arguments.

McKinley’s attorney, Tim Lupardus said he showed remorse in text messages which he claims would have helped with a heat of the moment claim. He says attorney’s failed to use the messages to McKinley’s advantage.

Lupardus read the messages in court with one reading: “I’ve been through so much (expletive) these last few months. It’s been crazy. All dealing with Iyanna. The lowest point of my life for a month straight and she just pushed me to it. I just lost it, I couldn’t control it. You know I loved her.”

Lupardus brought other witnesses to the stand. It’s unclear right now whether or not a possibility of parole will be given. However, we have reached out to try and learn what the next steps will be. We will update you as we learn more.

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