Man Accepts Plea Deal for Fatal Incident at Home Improvement Store

HILLSBOROUGH, N.C. — The trial for Terry McMillian Jr., accused of causing the death of a North Carolina Home Depot worker, Gary Rasor, in October 2022, has concluded with a plea agreement.

McMillian admitted guilt to voluntary manslaughter and common law robbery and was handed a sentence of 97 – 129 months. The robbery charge is combined with the manslaughter charge. He has been incarcerated since early 2023 and has started serving his term.

Voluntary manslaughter was not one of the charges jurors were given as an option during deliberations.

Orange County District Attorney Jeff Nieman, the prosecutor, stated, “Voluntary manslaughter, though not a jury’s legal option, was a fitting and just resolution in this instance—a resolution the accused agreed to and one that the victim’s family endorsed.”

The deal was reached on Thursday morning as jury deliberations entered their second full day. That’s due to jurors getting the case late on Tuesday and then going home about an hour later.

Nieman said he first broached the idea of a plea with the Rasor family two years ago.

“This was a situation, I think, the Rasor family would say that they weren’t really comfortable with life without parole. But the way the law prescribes it, that was the punishment for first-degree murder. If someone commits a homicide in the commission of a dangerous felony, that makes it felony murder, and first-degree murder is the only option then. I think this is an emblem for why it’s important to have the ability for the parties to plea bargain, because if not, we force jurors, families, defendants into boxes, which aren’t always the best outcome.” said Nieman, referring to the penalty McMillian faced if convicted of first-degree murder.

McMillian answered questions from Special Superior Court Judge Clayton Somers as part of the reading of the plea deal agreement, but otherwise did not offer a statement of his own. On his behalf, his attorney Kellie Mannette said he had two children with two different women, and helped care for a third child, adding despite working a full-time job, he was struggling to support both households. She asserted he was taking a plea deal to get back to his children as soon as possible.

“This was a very tricky case for everybody involved,” said Mannette.

McMillian largely avoided eye contact with three members of the Rasor family who offered victim impact statements, part of a contingent that was in the courthouse throughout the trial.

“I’ve had a lot of cases in 20 years working in the DA’s office, so I’ve had interaction with a lot of victims and it’s been mostly positive. But I don’t know if I can think of anybody who has been as thoughtful, caring and understanding as the Rasor family,” said Nieman.

“You heard a lot about my dad and how he stepped up. He was a good father, and we all miss him. One of the best things about him is his forgiving quality,” said Jeffrey Rasor, Gary’s son, during his victim impact statement.

Rasor’s forgiving nature was a common theme throughout the victim impact statements and Nieman’s address.

“Our sincere hope, and my father’s sincere hope would be that Mr. McMIllian uses this time if there’s any way possible, rehabilitate, reskill, whatever is available in that time, that he may come out and be a productive citizen of this country and re-engage with his family,” Jeffrey Rasor added.

ABC11 News spoke off-camera to two jurors after they were dismissed to learn more about their deliberations. While they did not share specifics, they said they were close to a verdict when the plea deal was reached.

“My hope would be that when everyone leaves here today, and Mr. McMillian thinks about things as well, is that something good could possibly come out of this, in memory and honor of Mr. Rasor. Because what I’ve seen and heard, that’s what he would want,” said Somers.

Case History

Investigators said on October 18, 2022, Rasor tried to interact with a customer who was suspected of trying to steal equipment from the Hillsborough Home Depot store.

The Hillsborough Police Department says the customer, later identified as McMillian, shoved Rasor, causing him to fall. The incident was caught on store surveillance camera. Rasor was hospitalized for injuries received during the incident.

Rasor, who was 82 years old at the time, initially appeared to progress in his recovery, ultimately being moved to a rehabilitation facility. However, his condition ultimately worsened, and he returned to the hospital in November 2022, where he died at 83 years old, his family said.

After his arrest months later, McMillian was charged with first-degree murder and robbery.

He remained in jail until his trial in May 2025.