He was initially sentenced to 19 years earlier than the questionable pardon by former Governor Matt Bevin.
A Kentucky killer has been sentenced to 42 years for against the law he was already pardoned for.
Patrick Baker had served simply 30 months of his unique 19-year sentence for the 2014 killing of drug seller Donald Mills, when he was pardoned by outgoing Governor Matt Bevin — with whom his household had political connections.
But on Friday, the US District Attorney introduced that Baker was heading again to jail for the identical homicide — and the brand new sentence is greater than twice as lengthy.
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Under US legislation, no individual will be punished twice for the identical crime: the Double Jeopardy Clause. But per the Supreme Court’s “twin sovereignty” doctrine, state and federal prosecutors can individually punish the identical individual for the identical actions.
According to prosecutors, Baker shot and killed 29-year-old Mills on May 9, 2014 throughout an armed house invasion in Stinking Creek, after Baker posed as a United States Marshal to acquire entry. Mills’ pregnant spouse and youngsters had been held at gunpoint whereas Baker ransacked the house for oxycodone capsules.
In 2017, he was convicted of reckless murder, first-degree theft, tampering with proof and impersonating a police officer, and sentenced to 19 years in state jail.
But late in 2019, simply 30 months into his sentence, Baker was all of a sudden pardoned by outgoing Governor Bevin — certainly one of tons of he made between his electoral defeat on November 5, and his last day in workplace on December 9.
The pardons — which additionally included a convicted intercourse offender whose mom was married to a millionaire highway contractor, as NBC News reported — raised many eyebrows. The Kentucky Attorney General even formally requested the FBI to examine.
It emerged, through a Courier Journal investigation, that the yr earlier than, Baker’s household had hosted a fundraiser for Bevin at their house — attended by the Governor himself — amassing $21,500 for him. Some $9,500 of the donations got here from individuals with the surname Baker. Patrick Baker’s sister-in-law and father even donated an extra $2,000 to Bevin’s re-election marketing campaign the next yr.
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Following his preliminary launch, Baker denied Bevin was bribed, and praised him “for his brave actions and permitting me to come house to my household.”
“It’s been a protracted journey, it has been tough,” Baker advised the Courier Journal. “The pardon was by no means paid for by my household… You’re greater than welcome to look into that.”
In the top, federal prosecutors did have one other look into the case.
“The easy fact of this case is that Patrick Baker was discovered responsible of planning and committing an armed house invasion, to purchase medication, the place he shot and killed Donald Mills,” stated Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “Baker was convicted of a brazen act of violence – one which resulted in a homicide, dedicated whereas the sufferer’s household was close by.”
Baker will now serve 39.5 years in federal penitentiary, after having 30 months trimmed off for the time he already spent in state jail.
Donald Mills’ sister Melinda, who was in court docket, advised WYMT she was happy with the choice.
“I would love to say thanks to lame-duck Matt Bevin for giving him the pardon,” she stated. “Was it value that threat to return and double his time now? Look what he is obtained.”
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