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

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.

—  Dallasvoice

Sentencing Friday for gay Dallas man convicted in Swiss Ave. theft case

Mark McCay

A gay man found guilty in June of forcing a Dallas socialite to leave her home to him and his partner in 2005 will be sentenced Friday.

Mark McCay, 50, and partner Justin Burgess faced second-degree theft charges after Mary Ellen Bendtsen signed over her portion of her family home at 4949 Swiss Ave. to them just weeks before she died.

McCay said the battle for the home began among Bendtsen’s family before she died from a stroke in February 2005. He said when her husband died, Bendtsen’s sister and brother, who each owned a third of the home, wanted to sell it. But Bendtsen refused, wanting to stay in the home.

“The house was her and she was the house. They were one,” McCay told Instant Tea on Wednesday. “You just don’t uproot an 88-year-old from her home.”

The home has since been sold after a judge nullified the will Bendtsen signed in the hospital that left her portion of the home to McCay and Burgess.

McCay’s trial began in mid-June and the jury spent a day and a half deliberating before returning a guilty verdict. He now faces up to 20 years in jail.

He said the friendship between him, his partner and Bendtsen went back 14 years with the couple having dinner together several nights a week and McCay often fixing things around her home.

When Bendtsen became ill, her sister and daughter, who had only recently moved back to the area, wanted to move her into a nursing home, McCay said.

In January 2005, Bendtsen slipped outside on slick pavement during a rainy day, twisting her ankle and cutting her forehead. McCay said her daughter forced her to go to the hospital. The accident made her daughter file for guardianship, but the daughter lost the case after Bendtsen was declared competent.

In the meantime, Bendtsen gave McCay power of  attorney so the daughter couldn’t make any permanent decisions about her home.

Bendtsen was against leaving the home or selling it and wanted to leave it to McCay and Burgess to commemorate their long friendship that her family didn’t understand, he said.

After the will was nullified, McCay and Burgess went to mediation in 2006 to try to settle their claim to the home, even offering to buy it at full market value, he said.

“She wanted us to have it,” McCay said. “I’d spent so many years doing repairs and things for her.”

—  Dallasvoice