Man gets 6 months for cussing out judge
A Uniontown man pleaded guilty on Friday to swearing at a Fayette County judge who in February refused to accept a plea offered in a drug case. David A. Sims, 33, of 83 Dunlap St., has yet to resolve the drug charges and is also facing prosecution on homicide and related charges, was sentenced to six months in prison for the contempt conviction.
Sims was in Judge Gerald R. Solomon’s court in February and became upset when he refused to accept a nine- to 24-month plea in the drug case. According to witnesses’ testimony that was presented before he opted to plead guilty, Sims had to be physically restrained by court constables, who sprayed him with Mace in an effort to get him under control.
Former Fayette County Prison nurse Lillian Rye testified that Sims was on the medication Haldol, a tranquilizer used to combat psychotic disorders. However, Rye testified that Sims did not take his medication in the days leading up to his Feb. 19 outburst in court.
Rye testified she was not sure if Sims did not take the medication voluntarily or if the prison did not have any when he came for his twice-a-day dosage. However, Rye testified that she felt that the medication was not at the prison from the evening of Feb. 15 through at least the evening of Feb. 18.
Sims was charged with direct criminal contempt, and according to testimony, several court constables, along with members of the sheriff’s department, had to restrain him.
Court Constable George Barker, who a handcuffed and shackled Sims lifted from the ground during the melee, testified that Sims made repeated remarks about having his plea rejected.
“He kept saying, ‘You want to sentence me to four years for selling Oodles of Noodles,'” testified Barker.
Sims was charged with trying to pass off an unidentified substance as crack cocaine.
It was unclear if that substance was indeed Oodles of Noodles, and his file for the drug case was not available.
Although the plea offer was for a sentence of nine to 24 months, according to District Attorney Nancy D. Vernon, Solomon refused to sentence in accordance with the plea bargain. During testimony, Barker said he believed the judge had extended an offer to sentence Sims to 21 to 48 months.
That is when Sims reportedly became irate.
Assistant District Attorney Jack R. Heneks Jr. testified that, upon hearing the judge’s refusal to sentence to the lesser plea, Sims walked from his seat at counsel table, and started swearing at the judge.
During his tirade, Heneks testified that Sims told Solomon he had no right to refuse the plea.
When Constable Nick Stasia started to escort an irate Sims from the courtroom, he began flailing about, according to testimony. Other constables were called in to help restrain him and Sims was eventually taken to the ground outside the courtroom.
The drug charges lodged have yet to be resolved, and he is scheduled for a preliminary hearing this month on the charge of criminal homicide.
Sims and Antonio T. Lanko, 16, are charged in the shooting death of Charles Lendell last Dec. 29.
Lendell, Sims and Lanko allegedly went into a Lemon Wood Acres home to rob the occupants, according to police.
While they were in there, James Simon Thompson shot 28-year-old Lendell and killed him.
Because the shooting was deemed self-defense, Thompson was not charged in Lendell’s death.
Lanko and Sims were charged because the robbery in which the two were involved was allegedly the catalyst for the shooting. Both men, in addition to criminal homicide, face charges of burglary, robbery and criminal conspiracy to commit robbery.
Lanko, of 40 Millview St., Uniontown was charged as an adult.
The homicide hearing is scheduled before District Justice Deberah Kula and will be held at the Fayette County Courthouse because of the number of people participating in the matter.