For his role in the brutal stabbing death of a fellow prison inmate, Eric Thomas Daniels was convicted by a jury last week of capital murder.
Thursday, the same Sanpete County panel spared the 27-year-old man's life when they handed down a life sentence without the possibility of parole during the penalty phase of his trial. The proceedings were held at the Central Utah Correctional Facility in Gunnison.The verdict was the worst thing that could have happened for Daniels, his attorney said.
"He knew going in that that was the worst-case scenario," Patrick Anderson said Friday. "It's worse than being on death row. Because of security orders at the prison eight or 10 months ago, where he's housed has been stripped of power. He doesn't have access to a TV, a radio, not even hot coffee."
Daniels will continue to spend 23 hours alone in his cell, getting one hour of recreation time, also alone, Anderson said. Defense attorneys are preparing their appeal on the case.
Jurors deliberated for four hours and had the option of sending Daniels to death row, as the prosecution sought the death penalty. The other course would have been to give him life in prison with the chance of being paroled.
Daniels showed no emotion as the jury foreman read the 10-2 vote, the state's first non-unanimous verdict under a law that went into effect May 5. The statute makes it easier for courts to impose life terms without parole as an alternative to death.
Anderson felt somewhat relieved that his client had avoided the death penalty but was disappointed the jurors weren't able to afford "at least a little hope" with a possibility of parole sentence.
Last week, the jury of four men and eight women deliberated just under two hours before convicting Daniels of capital murder in the racially motivated slaying of inmate Lonnie Blackmon.
The 32-year-old Blackmon was stabbed 67 times with a shank by inmate Troy Michael Kell inside the Gunnison facility's high-level security cell block July 6, 1994.
Kell, 28, was convicted of capital murder and sentenced to death last June. He has requested execution by firing squad.
At his trial last week, prosecutors argued that Daniels helped Kell plan and carry out Blackmon's murder. Jurors were shown three video clips depicting the grisly murder scene, where Daniels is clearly seen laying across Blackmon's legs as Kell repeatedly stabbed him.
But defense attorneys argued Daniels intended to beat and injure Blackmon, not kill him. They argued their client should have been found guilty of the lesser charge of murder, a first-degree felony carrying a penalty of up to life in prison.
Assistant Attorney General Kirk Torgensen said Daniels took away the shackled victim's only means of defending himself by laying across his legs.
Blackmon's family members attended part of the penalty phase and issued a statement during the prosecution's arguments. They attended Kell's trial and maintained the killing was racially motivated.
Had Daniels agreed to a plea bargain last year, he would have been incarcerated in Virginia with a hope of parole in 25 to 30 years. But a misunderstanding scuttled the deal.
In the intervening months, the Utah Legislature changed the state's capital sentencing laws so that only 10 of 12 jurors must agree before imposing a life term without parole.
Anderson argued that the court should apply the unanimous standard, which was in effect at the time of the murder. But 6th District Judge K.L. McIff decided the rule applies at the time of trial.
"This is a procedural change that doesn't have retroactive implications," said Assistant Attorney General Scott Reed.
Two other inmates had been charged with capital murder in the slaying. John Frederick Cannistraci pleaded guilty to a reduced charge and was sentenced to serve an additional one to 15 years. Charges were dropped against Paul Richard Payne.