During the investigation of the crime, Atkins made a statement to police in which he claimed that Jones was actually the one who shot and killed Nesbitt. However, at trial, the jury found Atkins guilty of capital murder. During sentencing, the jury found both the future dangerousness and the vileness aggravating factors. The trial judge accepted the jury's recommendation and sentenced him to death. 

In his direct appeal to the Supreme Court of Virginia, Atkins raised nineteen claims. Although the court found that most of the claims were either procedurally defaulted or without merit, the court held that the use of an incorrect verdict form constituted reversible error with respect to the imposition of the death penalty. Thus, the court affirmed Atkin's capital murder conviction but overturned his sentence of death and remanded the case to the trial court for a new penalty proceeding. 

After the completion of the penalty phase evidence, the trial court and counsel considered jury instructions and the verdict form. The Commonwealth's verdict form draft did not give the jury the opportunity to impose a life sentence if neither aggravating circumstance (future dangerousness or vileness) was found. The prosecutor redrafted the verdict form and indicated that the revised verdict form was the same as that of defense counsel. However, the form still did not provide the jury the option to impose a life sentence upon a finding of neither aggravating factor. The trial court used the Commonwealth's verdict form despite this omission. Atkins challenged the use of the verdict form on appeal and argued that the jury was not properly instructed during the penalty phase because of the incomplete verdict form. The Supreme Court of Virginia agreed, granting Atkins a new sentencing proceeding on the ground that a proper verdict form is essential to a defendant in a criminal case. Even with the proper verdict form, however, Atkins was re-sentenced to death. 

Daryl Atkins has been on death row since April 28, 1998.