In a per curiam opinion, the Ohio Supreme Court suspended McClain from practicing law in Ohio for two years, with credit for the time he served under his interim felony suspension. His reinstatement is also conditional on his complying with all the terms of his conviction and accompanying rehabilitation programs, complying with the terms of his July 2023 divorce and finally a mental healthcare professional providing proof that he can return to “the competent, ethical, and professional practice of law.”
McClain’s charges and subsequent suspension reach back to October 2022, when McClain went to a bar with his fiancée, her adult daughter and two other women.
According to the court opinion, at the bar, McClain became drunk and belligerent, and in the parking lot he assaulted his fiancée. One of the women came to her defense, and McClain tried to kick her, the documents said.
The four women left the bar without McClain, and eventually took his fiancée to his home, where she lived, documents said. They decided to hide or remove “numerous” guns that McClain had in the home due to his behavior, but before they had finished McClain appeared.
Documents said that McClain became enraged, smashed a bottle in the kitchen and threw different items around the house, leading to a melee.
During the fight, investigators said McClain pushed his fiancée’s daughter to the ground and the other women intervened. In the scuffle, the fiancée’s daughter grabbed a kitchen knife and stabbed McClain in the torso, court documents said.
The women then left the house and ran into the surrounding neighborhood, while McClain pursued with a gun, documents said. At least one of the women began knocking on neighbors’ doors, triggering doorbell cameras to record. McClain caught up to his fiancée and her daughter and held them at gunpoint.
“As they begged him not to shoot, McClain attempted to grab and kick at them,” the court opinion said. “McClain then lost his footing and fell. McClain fired one shot into the air and returned home.”
A neighbor who was camping in his backyard with his family was awakened by the noise, moved his family to safety and called 911, court documents said.
Police and the Warren Tactical Response Unit responded to scene and a standoff ensued with McClain for several hours, investigators said. After negotiations failed, the SWAT unit fired tear gas canisters through the home’s windows, and about a half hour later McClain surrendered.
Court records show that in addition to the aggravated assault and inducing panic charges, McClain was also charged with misdemeanor assault, domestic violence and using a weapon while intoxicated charges. He pleaded guilty to all charges and was sentenced to three years of probation and 100 hours of community service. He was also directed to undergo mental health and substance abuse counseling, forfeited seven firearms, was ordered to have no contact with the three women and had to pay court costs and restitution.
In its decision, the supreme court said that it took into account that McClain has been undergoing treatment for alcohol abuse and mental health issues, has completed various programs and therapies and has been sober since his arrest.
They also pointed to a decision by the Board of Professional Conduct, which said that he served honorably in the military since he was 18 years old and “when sober, is a respectful and compassionate person, a loving father, and a hardworking and talented attorney.” The board recommended the two-year sentence with conditions to meet to be reinstated, which the supreme court accepted.
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