CHATTANOOGA — Hamilton County prosecutors have decided not to challenge an appeals court's decision to overturn the first-degree murder conviction of Edgar Bailey Jr. in the death of an Atlanta man.
Prosecutors said they won't retry Bailey on the first-degree charge because he is already serving time on related murder charges in the same case that produced a life sentence.
The Tennessee Court of Criminal Appeals upheld Bailey's felony murder conviction for the June 20, 2001, death of Anthony McAffee as well as convictions of aggravated assault and setting fire to personal property.
"The important thing is they affirmed the felony murder conviction," Assistant District Attorney Boyd Patterson said. "The sentence is going to be the same."
Bailey, 34, is required to serve at least 51 years before he is eligible for parole.
According to testimony, Bailey and co-defendants Muhammed Nurridin and Jeremy Little were attempting to rob McAffee, a known cocaine dealer who was in town to collect about $7,000 in drug money from Marquis Gardner.
Gardner testified that he left McAffee at his house about 11:30 p.m. When he returned about five hours later, Gardner said he found McAffee's body wrapped in a blanket, "like somebody fixing to try to take him out of the house."
McAffee's car was set on fire, according to police, and witnesses said someone fired shots at them when they approached the burning vehicle. One witness identified Bailey as one of the men.
Cases against Nurridin and Little are pending.
State News
December 29, 2006
Man won't be retried for murder, will continue to serve life
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