Neal Pinkston

A man convicted of orchestrating a gang retaliation killing could spend significantly more time in prison than the actual gunman if a Hamilton County judge decides to hand down consecutive sentences in his case today.

The decision could mean a possible life outside jail for convicted murderer Michael “Mike Mike” Daniels — or the possibility of dying behind bars.

Mr. Daniels, 22, already has been sentenced to life in prison for his first-degree murder conviction in the 2006 shooting death of Adrian Patton, yet there is still the possibility of parole after 51 years.

A second conviction for conspiracy to commit murder, however, garnered Mr. Daniels an additional prison term of 23 years last week, meaning the minimum amount of time he stands to spend behind bars is 74 years if both sentences must be served one after the other.

Hamilton County prosecutors today will argue that Mr. Daniels qualifies for the extra time under Tennessee’s sentencing laws because of his prior criminal record.

“Mike Mike has an extensive prior record that can come into consideration,” Assistant District Attorney Neal Pinkston said. “The juvenile record comes into play as well. There was a federal gun conviction, a felony theft and between eight and nine prior misdemeanor convictions.”

Mr. Daniels’ defense attorney Jesse Dalton said he could not see how any judge could justify consecutive sentencing considering the circumstances of the crime.

“It would be overkill,” Mr. Dalton said of the possibility his client could die behind bars.

Especially, Mr. Dalton argued, since his client didn’t actually pull the trigger of the gun that killed the victim.

Timothy “Timbo” Evans, 19, confessed on the witness stand during the trial in May to killing Mr. Patton, telling jurors he had just landed a job at McDonald’s before shooting the man he did not know later that day.

But it was his co-defendant Mr. Daniels who told him to do it, Mr. Evans testified, which had been the basis for the charge of conspiracy to commit murder filed against both defendants.

Five seconds after the order, Mr. Evans said, he realized he had just “emptied his clip” into the driver’s side door of Mr. Patton’s truck on East 48th Street in the Emma Wheeler Homes development.

“I wasn’t even holding the gun right,” said Mr. Evans, who was 17 at the time. “I just turned my head sideways and kept shooting.”

Judge Rebecca Stern handed Mr. Evans the same life sentence for first-degree murder that Mr. Daniels is serving.

Mr. Evans, however, received only 16 years for the conspiracy-to-commit murder conviction. In addition, Judge Stern has already ruled that Mr. Evans’ sentences will be served concurrently.

“The state felt in Mr. Evans’ sentencing hearing that there was not a credible argument for consecutive sentencing for the murder and conspiracy based on the fact he was a juvenile and his lack of a prior criminal record,” Mr. Pinkston said.

Adrian Patton’s death from six gunshot wounds on June 13, 2006 — allegedly orchestrated by Skyline Bloods leader Mr. Daniels because of the belief the victim had fired shots at his sister’s house — continues to be a high-profile example of Chattanooga’s perceived gang problem.

Both Mr. Daniels and Mr. Evans have filed petitions for new trials and are also expected to appeal their cases.

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