Dallas gay man gets 4 years probation in Swiss Ave. case

Posted on 27 Jul 2012 at 3:20pm

State District Judge John Creuzot sentenced Mark McCay to four years of probation today after being convicted of theft in June.

McCay also received a $1,000 fine and will spend 30 days in county jail. He faced up to 20 years in prison after a jury found him guilty of swindling Dallas socialite Mary Ellen Bendtsen into signing her house over to him and his partner Justin Burgess before she died in 2005.

Burgess’ trial date hasn’t been set yet.

McCay said he planned to appeal but that with the sentencing, he will have to reevaluate.

Burgess told Instant Tea Thursday that he is recovering from cancer treatment and wouldn’t know what to do if McCay was sent to prison and hoped he’d received probation.

McCay said he was elated and went out to celebrate the sentencing with friends Friday afternoon.

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