A father and son have both been sentenced in the 2020 beating death of a Rupert man.
On May 31, Jonathan Cole McClung, 50, of Charmco was sentenced to 15 years in prison after pleading guilty to voluntary manslaughter in the death of James Alvis III.
Jonathan McClung’s son, Jonathan “Gaige” McClung, 18, was also sentenced on May 23 after pleading guilty to involuntary manslaughter in the same incident. The younger McClung was given a suspended sentence of one year in Southern Regional Jail; he was remanded to jail the day of the sentencing but would only serve five days in incarceration. He will also serve seven years’ probation.
According to the criminal complaint, on Nov. 7, 2020, Jonathan and Gaige McClung, then a minor, drove to the Dollar General store in Rupert looking for Jonathan McClung’s wife, Gail McClung, who he suspected was having an affair with Alvis.
The pair located Alvis and Gail McClung talking in the Dollar General parking lot.
According to the criminal complaint, bystanders witnessed Jonathan and Gaige McClung park and exit the vehicle, screaming “kill that m—– f—–.”
They attacked Alvis, continuing to beat him after he fell to the ground. The complaint states that Jonathan and Gaige McClung were eventually pulled away from Alvis by several witnesses to the attack. Witnesses told investigators that Alvis was struck between 20-25 times and that Alvis hit his head on the side of a vehicle as he fell.
Alvis was transported by ambulance to Greenbrier Valley Medical Center where he was pronounced dead after 40 minutes on life support.
Alvis had suffered several contusions and excessive fluid on the brain and abrasions and contusions all over his body from the blunt force injuries.
Jonathan and Gaige McClung were originally charged with one count each of conspiracy to commit a felony and one count of murder in the first degree.
Jonathan McClung pleaded guilty to voluntary manslaughter on March 15, 2022. His attorney James R. Milam II, told the court that his client was pleading to voluntary manslaughter in order to protect his son from a felony charge.
The state agreed to allow the older McClung to plead guilty to the charge of voluntary manslaughter and the younger McClung to be charged with a misdemeanor offense of involuntary manslaughter.
Gaige McClung plead guilty to involuntary manslaughter on April 12, 2022.
At Jonathan McClung’s sentencing on May 31, Milam asked the court for mercy for his client, whom he called a “good man” and “fierce family man.”
Milam argued that save for this one incident, McClung had a clean record and was a functional member of society, having worked since he was 18.
“His love for his family is what brought us here today,” said Milam. “Mr. McClung was in fear of losing his family.”
Milam argued his client did not intend to kill anyone and asked the court to consider alternative sentencing, such as probation, in lieu of prison.
“His intention was to fight Mr. Alvis,” said Milam. “He volunteered into this plea (of voluntary manslaughter) in order to protect his son.”
Greenbrier County Prosecutor Patrick Via argued that the maximum sentence of 15 years in prison was appropriate.
Via pushed back against the argument that the death was a result of a “fight,” calling it an “attack, an ambush, in a very public space in our community.”
He also argued against Milam’s description of Jonathan McClung as a good father.
“He cared more about vengeance against James Alvis than the well-being of his son,” Via said.
Four members of Alvis’ family gave victim impact statements. His son Garrett Alvis said he was driving to the hospital to see his dad when he received the call that he’d died. He described sitting alone in his car on a dark, curvy road, screaming and crying until he was hoarse when he heard the news.
Alvis’ two sisters, Cindy Vance and Kathy Alvis both spoke, each describing the crises of faith they’ve experienced since their brother’s death.
“Do you have any remorse?” Kathy Alvis demanded of Jonathan McClung directly.
“Yes I do,” Jonathan McClung answered. Those were the only words he spoke during the hearing.
Alvis’ nephew, Thomas Vance, also spoke, discarding his planned remarks in order to speak unrehearsed to Jonathan McClung. He lamented his mother’s and aunt’s ongoing distress over the death of their beloved brother, describing how his mother has been hardened by her grief and the violent manner in which James Alvis died.
All four of the victims asked that Jonathan McClung be given the maximum sentence allowed.
Greenbrier County Circuit Judge Robert E. Richardson handed down the verdict of 15 years, and described his reasoning for giving Jonathan McClung the maximum sentence allowed by law.
Richardson said when he read the pre-sentencing report he was seeking a sense of remorse or responsibility from Jonathan McClung, and that he’d found none. Richardson noted that Jonathan McClung described the incident as a fight that “ensued.”
“This wasn’t a hockey game where a fight ‘ensued’,” said Richardson. “It was an attack. You hunted him, and you killed him.
Richardson also addressed the McClung and Alvis families who were gathered on both sides of the courtroom, stating he hoped that the sentencing marked the opportunity for healing and hope for everyone in the midst of such a tragedy.
“I hope you can stop living in the past and start looking to the future,” he said.
And, addressing Jonathan McClung, Richardson said, “I hope you will use the time to do some healing of your own.”
Jonathan McClung’s sentence includes 569 days of time served. He will be eligible for parole in 7 ½ years.
