The Supreme Court of Ohio today suspended a former Air Force attorney for two years after his alcohol-fueled violent outburst required police to use gas canisters to remove him from his house.

In a per curiam opinion, the Court suspended William McClain of Warren County and required him to meet five conditions before he can petition to be reinstated to the practice of law. McClain has been under interim suspension since March 2023 after he was convicted in February 2023 of two felony counts of aggravated assault and one felony count of inducing panic.

Prior to his conviction, McClain was a judge advocate general with the 88th Air Base Wing at Wright Patterson Air Force Base. He provided legal support to officers, enlisted airmen, Air Force civilians, contract employees, and military retirees. He has since been reassigned to a non-attorney role.

Justices Patrick F. Fischer, R. Patrick DeWine, Michael P. Donnelly, Melody Stewart, and Joseph T. Deters joined the per curiam opinion. Tenth District Court of Appeals Judge Carly M. Edelstein, sitting for Justice Jennifer Brunner, also joined the opinion. Chief Justice Sharon L. Kennedy concurred and dissented in part, stating she would not award credit for time served under the interim suspension.

Fight With Fiancée and Friends Leads to SWAT Intervention
In October 2022, McClain went to a bar with his fiancée, Jennifer Miller. They were accompanied by Miller’s adult daughter, Brianne Cash, and two friends, Marissa Wallace and Destiny Benton. At some point, an intoxicated McClain became belligerent.

In the bar parking lot, McClain assaulted Miller. Benton came to her defense, and McClain tried to kick Benton. The four women left the bar without McClain.

The women eventually took Miller to McClain’s home, where she lived. Because of McClain’s conduct that night, the women tried to remove numerous guns McClain had in the home. McClain spotted the women as they searched for guns. He became enraged and began throwing items around the house. A fight began, and McClain shoved Cash to the ground. Cash grabbed a kitchen knife and stabbed McClain in his torso.

The women fled the house and ran into the surrounding neighborhood. McClain pursued them with a gun. One of the women began knocking on neighboring home doors, triggering doorbell security cameras. McClain caught Miller and Cash and held them at point-blank range with a gun. While attempting to kick and grab them, he lost his footing and fell. He then fired one shot into the air and returned home.

A neighbor camping in his backyard with his family called the police. Police arrived, followed by the Warren Tactical Response Unit and a SWAT unit. McClain held himself in his home for several hours, and an attempt to negotiate his surrender failed. The response units deployed gas canisters into the house, and 30 minutes later, McClain surrendered.

Along with aggravated assault and inducing panic charges, McClain was also charged with misdemeanor assault, domestic violence, and using a weapon while intoxicated. He pleaded guilty to all charges. He was sentenced to three years of community control, ordered to serve 100 hours of community service, directed to undergo mental health and substance abuse counseling, placed under a no contact order with three of the women, forfeited seven firearms, and paid court costs and restitution.

Based on his convictions, the Office of Disciplinary Counsel filed a complaint in November 2023 with the Board of Professional Conduct. The board found McClain engaged in conduct that adversely reflected on his fitness to practice law.

Court Considered Sanction for Offenses
After his disciplinary hearing, the board concluded the incident was caused by McClain’s excessive alcohol consumption and untreated mental health issues. The board acknowledged that McClain has 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.”

When considering a recommended sanction, the board considered four other cases in which attorneys were involved in violent situations, usually with firearms. In those cases, the lawyers received two-year suspensions with credit for time served under interim felony suspensions. The board recommended McClain be suspended for two years with credit for time served under his interim suspension. The board also suggested McClain be required to meet five conditions to be reinstated.

“We take McClain’s violent and reckless acts seriously. Mixing weapons and alcohol not only endangered the women he assaulted and threatened, but it created a danger to the public,” the Court stated.

The opinion noted McClain has been undergoing treatment for alcohol abuse and mental health issues and has stayed sober since his arrest, noting that he completed various programs and therapies.

The Court accepted the board’s recommendation and suspended McClain for two years with credit for time served during the interim suspension. Generally, an indefinitely suspended attorney can petition for reinstatement after serving two years of a suspension.

To be reinstated, McClain must also comply with the terms of his criminal sentence, comply with a three-year contract with the Ohio Lawyers Assistance Program, abide by the terms of the entry in his July 2023 divorce from a prior marriage, meet the treatment recommendations of his mental health professionals, and provide proof from a qualified health care professional that he can return to the competent, ethical, and professional practice of law. McClain was ordered to pay the cost of the disciplinary proceedings.

2024-0848. Disciplinary Counsel v. McClain, Slip Opinion No. 2024-Ohio-5197.

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