May 26, 2002 By Jennifer Harr 4 min read

David Alexander “Taboo” Sims pleaded no contest Friday morning to involuntary manslaughter and criminal conspiracy to commit robbery and was immediately sentenced to five to 10 years in a state prison. Within three hours, the Uniontown man was shuttled from the Fayette County Prison under gun and guard to begin serving his time.

District Attorney Nancy D. Vernon said Sims, accused in the December shooting death of Charles “Cha Cha” Lendell, was a “security risk.”

“Due to his prior adverse behavior in the courtroom, we were worried something else could happen,” said Vernon, referring to a February incident where Sims had to be physically restrained in court.

Represented by Public Defender Jeffrey Whiteko at the Friday plea proceedings, Sims pleaded no contest to involuntary manslaughter and criminal conspiracy to commit robbery in connection with Lendell’s death. A no contest plea means Sims, 33, of 83 Dunlap St., could mount no defense to the charges.

Sims and Antonio Lanko were charged in Lendell’s Dec. 29 death even though neither man fatally shot him. State police charged them because Sims, Lanko and Lendell allegedly went into a Lemon Wood Acres apartment intent upon robbing its occupants. During the alleged robbery attempt, James Simon Thompson shot Lendell. Thompson was not charged because police ruled the shooting was in self-defense.

However, since Lendell died during an alleged robbery attempt with Lanko and Sims, police charged them with responsibility for his death under a felony murder statute.

“We’re satisfied with that plea because the homicide trial had its difficulties in terms of prosecution,” said Vernon, noting that she felt it would be difficult for jurors since Sims did not personally shoot Lendell.

Judge John F. Wagner Jr., who accepted the manslaughter and robbery plea, also accepted a guilty plea from Sims in an unrelated drug case.

Sims sold food to undercover police officers, passing it off as crack cocaine. He was charged with possession, possession with intent to deliver and delivery of a counterfeit substance, while holds the same penalties as delivering the actual drugs.

According to Sims, he sold .02 grams of Oodles of Noodles for $20 last May 11. Police were out doing drug buys in Uniontown in an attempt to round up street level dealers when they bought what Sims purported to be drugs along Austin Street.

For the sale of noodles posing as crack, Wagner sentenced Sims to two to four years in prison. That time will run concurrently, or at the same time as, his five to 10 year sentence.

This was Sims’ second plea to the drug charges.

In January, he pleaded guilty to the charges in exchange for nine to 24 months in prison. When he was to be sentenced in February, however, Judge Gerald R. Solomon said that the plea did not involve a long enough prison term.

When Solomon told Sims he would sentence him to 21 to 42 months, Sims told the judge he was, “out of your (expletive) mind.

“You giving me that much time for someone to cut up a piece of Oodles of Noodles? What’s wrong with you?” Sims screamed at the judge according to court records.

Sims’ tirade continued on for several minutes as constables tried to subdue him. He was charged with direct criminal contempt as a result of his outburst.

At the contempt hearing where he ultimately pleaded guilty, Sims’ attorney blamed prison officials for not providing him with Haldol, an antipsychotic generally prescribed to patients with hallucinations, delusions and confusion. It can also be used to treat Tourette’s disorder.

Prosecutors first hinted that Sims’ prior behavior was a concern when his pretrial, scheduled for Thursday, was cancelled without warning. And his plea on Friday was not scheduled in open court, said Vernon.