The Bristol paper reports here ("Special prosecutor to look into coal-mining fatality," 10/2/04) that Judge Stump in Wise County has appointed the Scott County Commonwealth's attorney to investigate the death of the sleeping child whose home was struck by a boulder in the night.
This site has the following on Marcus, from his pre-law days:
"When Marcus McClung was in elementary school, his church youth group attended a football game at Virginia Tech. He told the group’s leader that someday he was going to play on that field. As a Spartan, he was First Team All-State in Football and a two-time First Team All-Coalfield Conference. In 1988, he set the single-season school record for tackles for the only Greenbrier East football team to ever play for the state title. By the way, in 1989, Marcus fulfilled his goal to play at Lane Stadium. He was a four-year letterman for the Hokies, was named Big East Conference Player of the Week on October 25, 1993, and was a member of Virginia Tech’s Independence Bowl Championship team. Marcus later signed as a free agent with the British Columbia Lions of the Canadian Football League. Following graduation from the Appalachian Law School, he lives in Gate City, Virginia."