Former Death Row inmate given 20- to 50-year sentence

Friday, Aug. 5, 2005 | 9:29 a.m.

A 34-year-old man originally sentenced to death for committing a double murder in January 1997 will now serve 20 to 50 years in prison.

Darion Lee Daniel has 4,381 days credit for time served -- just about 12 years -- due to his time on Death Row.

Daniel's new found chance at freedom is the result of the Nevada Supreme Court overturning his convictions due to several errors in the trial process.

He originally faced two counts of murder in the first-degree with use of a deadly weapon and two counts of attempted murder with use of a deadly weapon for the January 1997 slayings of Fredrick Washington, 24, and Mark Payne, 25.

On June 16 Daniel pleaded guilty to two counts of second-degree murder and on Thursday District Judge Michael Cherry sentenced him to two consecutive 10 to 25 years prison terms.

After sentencing Daniel Cherry said "I hope if you are paroled you don't come in contact with the criminal justice system again."

Daniel's attorney, JoNell Thomas, said Daniel has told her he would work hard in prison to change his life for the better when released.

"He's been on death row and not allowed to take part in any educational or work programs," Thomas said. "He's been in lock down the entire time and resorted to teaching himself. I hope now that he'll be part of the general population in prison he will get the education and skills he needs when he is released."

Prosecutor Robert Daskas declined to comment on the case.

Daniel was the only man sentenced to death in Nevada in 2001. He was sentenced to death by a panel of three judges after a jury couldn't agree on his punishment.

The nation's high court in 2002 ruled that only a jury could impose the death penalty, a ruling that affected six states including Nevada.

The 2003 Legislature changed Nevada law so that juries, instead of three-judge panels, would decide if the death penalty should be handed down. And if juries could not reach a unanimous decision, the judge who presided over the case would sentence the defendant to life without the possibility of parole.

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