Man who received pardon from Gov. Bevin sentenced in federal court

By Jeff Ledington

The Mountain Advocate

Once pardoned from a murder conviction that saw him serving 19 years behind bars, Patrick Baker will spend the next 39 and a half years in federal prison. Baker’s federal sentencing Tuesday by Judge Claria Horn Boom saw him receive 42 years, reduced by 30 months for time previously served. The sentencing spares Baker from a life sentence.

Baker’s 2019 pardon by former Kentucky Governor Matt Bevin came amid a slew of controversy, including allegations that a 2018 fundraiser was held for Bevin at Patrick Baker’s brother’s home in exchange for his pardon. The pardon announced in December 2019 was a risky venture for Baker, who after a year and a half of freedom found himself in federal custody on different charges related to the 2014 murder of Donald Mills. Trading a 19-year sentence for a 42-year sentence wasn’t a great trade. Federal prison terms are not eligible for parole.

“A life sentence won’t bring Donald Mills back, 42 years will serve justice,” said Judge Boom.

Mills’ sister, Melinda Mills, said “Words cannot describe the anguish this family has been through … there are consequences for his evil actions.”

In addition to his prison term, Baker was ordered to pay $7,500 in restitution to the Mills family.

Baker didn’t comment during this sentencing. His attorney said “Any expression of sympathy could be misconstrued as an admission of guilt” during an appeal.

In December, Baker’s legal time filed a motion to either dismiss the case or limit his sentence to the original 19-year state sentence following the 2017 conviction related to Bevin’s pardon.

In a memorandum issued last Friday, Judge Claria Horn Boom denied both the sentencing motion and a second motion asking for the release of records purported to show that the federal government offered time off of sentencing in exchange for the testimony of some witnesses – what would amount to a violation of precedent in the Supreme Court cases of Brady v. Maryland and Giglio v. United States. The court found there was “no evidence or credible allegations as to the existence of an undisclosed, pre-trial agreement with any of the three witnesses that would trigger a Brady/Giglio violation…”.

The court found that Baker’s team failed to cite “a single case in support of his double jeopardy argument.” The court cited the concept of dual-sovereignty and previous court precedent in its ruling on the double jeopardy claim, an issue also brought up during the trial and covered previously in The Mountain Advocate.

The second aspect of Baker’s sentencing motion was to limit his prison time to 19 years, the amount he was given in his earlier 2017 state conviction. Baker’s team argued that his federal indictment constituted “vindictive prosecution,” as retaliation for his controversial pardon by former Kentucky Governor Matt Bevin. The Courier-Journal reported last June that the F.B.I. is investigating whether a fundraiser held by the Baker family for Bevin was related to the pardon. Baker’s legal team further argued that “any attempt by this Court, or the prosecutor, to sentence him to a term of imprisonment greater than he received in state court “would be presumptively vindictive.”

Boom’s memorandum states that “these arguments fare no better than his double-jeopardy argument.” The 25-page document notes that while Baker cited some cases involving prosecutorial and judicial vindictiveness, his team “failed to analyze how those cases square with the facts in this case.” The court also notes it will follow federal sentencing guidelines and that “the Sixth Circuit has held that it would be impermissible for this Court to consider his state sentence in determining his federal one.”

Baker’s sentencing Tuesday afternoon lasted approximately four hours.

“The simple truth of this case is that Patrick Baker was found guilty of planning and committing an armed home invasion, to acquire drugs, where he shot and killed Donald Mills. Baker was convicted of a brazen act of violence – one that resulted in a murder, committed while the victim’s family was nearby. I want to commend the dedicated work of all our law enforcement partners and our trial team. Their faithful efforts were critical to the verdict, conviction, and sentence,” read a statement from U.S. Attorney for the Eastern District of Kentucky Carlton S. Shier IV.

Baker’s legal team indicates they will seek an appeal in the federal conviction.