Portales man pleads guilty in DWI-related death

PORTALES — A Portales man charged with the DWI-related death of his son last April will spend four days in jail and over five years on probation after Judge Donna Mowrer accepted a guilty plea on Monday.

Before approving the plea, Mowrer told Randolph McGee, 66, that 10 years of prison time taken from his sentence as part of the plea will be his punishment for violating his probation.

"So if you get to four years and 364 days and you violate your probation, you can still go to prison for 10 years," she said.

He was also ordered to attend the Drug Court program, install an ignition interlock device in his vehicle and complete 96 hours of community service work.

Randolph McGee was arrested and charged with homicide by vehicle, aggravated driving while under the influence of intoxicating liquor (his second offense) and no insurance in June of 2017 after he rolled his vehicle on U.S. 70 in April.

His son, Kingston McGee, 39, was ejected from the vehicle and hit by another car. He died at the scene.

Randolph McGee's blood-alcohol level was .10, according to Deputy District Attorney Jake Boazman.

Mowrer began the plea conference by frankly stating that a vehicular homicide defendant being sentenced to probation is "very unusual."

Boazman said the state didn't take its decision to submit the plea lightly, noting several influencing circumstances, including Randolph McGee's advanced age and a criminal case from 2014 in which he was the victim of his son.

"I had extensive conversations with him several years ago, and I know that he cared about his son. Having to live with the loss of his son, that's a guilt that's going to weigh on him for the rest of his days," Boazman said.

McGee's attorney Christian Christensen said his client would keep his driving to a minimum and would be willing to comply with any court orders.

"It's a situation where everybody suffers, which is typical in this situation, but this is a little more closer to home, in that his son is a victim, and in that sense, he is also a victim," Christensen said.

Randolph McGee originally faced 15 years in prison and 364 days in the Roosevelt County Detention Center.

He told Mowrer that "I wish it had been me instead."

Randolph McGee is required to turn himself into the Roosevelt County Detention Center no later than 9 a.m. Monday to begin his four-day sentence.