A Chattanooga man who faced 15 to 25 years for attempted first-degree murder pleaded guilty today to lesser charges in Hamilton County Criminal Court.
Galen Allen, 29, will serve 30 percent of a six-year sentence in the Tennessee Department of Correction before he's eligible for parole on his aggravated assault and aggravated robbery charges. And because Allen has been incarcerated since December 2013, he already is, his attorney, Jason Fisher, said after the plea.
"It's up to the parole board," Fisher said. "But my hope is that he'll be home for Christmas."
Authorities say Allen and his co-defendant, Calvin Ward, 17, arranged a meeting in the Bi-Lo parking lot on Highway 58 in December 2013. They had agreed to sell Jaden Archer four Microsoft tablets for $1,000, records show. But when Archer arrived, they tried to rob him instead.
"Jaden Archer is a licensed handgun carrier," prosecutor Lance Pope said. "And he shot and killed Mr. Allen's co-defendant during the court of the attempted aggravated robbery."
When he noticed Allen had a revolver, Archer fired again, Pope said. The bullet shattered the window of Allen's car, striking him in the process. Archer was never charged, records show.
Later that night, records show, Allen arrived at Erlanger hospital with a gunshot wound. He was charged with attempted first-degree murder, aggravated assault, aggravated robbery, and tampering with evidence, which the state dismissed, Fisher said.
Although the grand jury originally indicted Allen on attempted first-degree murder - a Class-A felony that carries 15 to 25 years - the state agreed to drop the charge because the evidence wasn't there.
"The proof does not show that Mr. Allen nor Mr. Ward fired," Pope said. "Only that they attempted to rob Mr. Archer, which makes it an aggravated assault."
His other charges all carried three to six years, Fisher said.
Allen was scheduled to go to trial on Aug. 16. Though a jury could have acquitted him of the charges, the plea agreement was a more guaranteed outcome for him, Fisher said.
For example, Fisher said, if jurors found him guilty of the murder charge, for example, Allen would have had to serve 85 percent of a 15-year sentence before he was eligible for parole.
"So (in that scenario), you're looking at 12 to 13 years versus being home for Christmas," Fisher said.
Contact staff writer Zack Peterson at 423-757-6347 or zpeterson@timesfreepress.com. Follow on Twitter @zackpeterson918.