The Tennessee Court of Criminal Appeals on Wednesday overturned the first-degree murder conviction of Edgar Lee Bailey and ordered the case back for a new trial.
A jury in December 2004 also convicted Mr. Bailey of felony murder, setting fire to personal property and three counts of aggravated assault.
The convictions for felony murder, aggravated assault and setting fire to personal property will stand, but the appellate court asked that Criminal Court Judge Rebecca Stern sentence Mr. Bailey again on the setting fire charge. According to the appellate court’s order, Judge Stern erred by not instructing the jury on the natural and probable consequence rule, which allows a defendant to be found criminally responsible for the actions of others.
The Court of Criminal Appeals also stated that Judge Stern erred when she sentenced Mr. Bailey for setting fire to personal property as if the crime was a misdemeanor, when the charge is a felony.
Judge Stern could not be reached for comment Wednesday.
Assistant District Attorney Boyd Patterson, who prosecuted the case, could not be reached Wednesday for comment.
Judge Stern sentenced Mr. Bailey to life in prison for the murder convictions, five years in prison for each of the aggravated assault convictions and 11 months and 29 days for setting fire to personal property.
All sentences were set to run concurrently.
According to records, Mr. Bailey, Muhammed Nurridin and Jeremy Little were charged in the June 20, 2001, death of Anthony McAfee.
Testimony at trial indicated the men were attempting to rob Mr. McAfee, who authorities said was a drug dealer and had a large amount of money on him when he was killed.
The men then took Mr. McAfee’s black Monte Carlo and set it on fire, according to testimony at trial.
The cases against Mr. Nurridin and Mr. Little are pending. They are scheduled to return to court April 3.
