Chester Co. Mother To Appeal Sentence In Murder Of Child: Report

WEST CHESTER, PA — The mother of Scott McMillan, a 3-year-old who was brutally tortured and killed in 2014, reportedly will continue to fight to have her sentence reduced.

The state Superior Court denied the request of Jillian Tate, 33, for a reduction, and attorney Lawrence Haremlin will now bring the matter to the Pennsylvania Supreme Court, according to the Daily Local News. He is seeking to have a new sentencing hearing for Jillian Tate, who was sentenced to 42 to 94 years in state prison after pleading guilty in 2017.

On Tuesday, the state Superior Court rejected the request to have the maximum of 94 years reduced to 42 years because she had already got enough of a break in that original sentence, NBC 10 reports.

Harmelin reportedly argued that Tate, 34, deserved a lesser sentence because she cooperated with the prosecution of her boyfriend, Gary Lee Fellenbaum, 26, who assisted in committing the heinous acts, authorities said.

The incident led the District Attorney's Office to pursue the death penalty against the pair, although due to Tate's plea, she cannot be executed.

From Nov. 2 to Nov. 4 of 2014, the pair tortured Scott for days, performing a range of unthinkable acts on the child, including beating him with a metal rod, aluminum siding, a frying pan, a homemade whip, and fists, authorities said. Throughout the torture he was routinely hung from the ceiling by his feet and taped to a chair, according to the DA.

Tait and Fellenbaum went car shopping and took a nap as the child lay dying, officials said.

The incident occurred in the West Caln Township mobile home where Tate and Fellenbaum lived as a couple, authorities said. Fellenbaum's estranged wife, Amber Fellenbaum, also lived there; she has since pleaded guilty to endangering a child.

Scott's brother Ryan, aged 6 at the time, was also tortured but survived and was hospitalized. An 11-month-old infant also living in the West Caln Township mobile was unharmed.

The horrific incident sparked outrage in the community and sparked numerous fundraisers to fight child abuse. The Crime Victims Center of Chester County established a Trust Fund for Ryan.

"The news of Scotty's death rocked our community to the core," said CVC board member Laura Sweeney Derrico in 2014. "It is heartbreaking to know that Ryan will have to grow up without his brother by his side. It is our hope that through the creation of this trust, Scotty's memory will live on and help Ryan on his journey to healing. Through this trust, Ryan will know he is not alone; he has a community surrounding him."

To learn more about the trust and to donate, see here.

According to Philly.com, a plea deal was reached with Tate because she has "accepted responsibility," and is less responsible for her son's death than Fellenbaum.

Image via Chester County District Attorney's Office