A 20-year-old man convicted in a fatal 2015 shooting that paralyzed a toddler said the week before his sentencing he wants a new trial.
Cortez Sims said a number of things were wrong in his trial for first-degree murder: unqualified expert witnesses, unnecessary details about an alleged gang feud, and prosecutors who introduced a 1-year-old victim's clothing into evidence.
The motion will be considered May 31 during his sentencing hearing, clerks said.
Sims was sentenced to life in prison after jurors convicted him of first-degree murder at the end of a three-day trial in April.
Prosecutors said Sims, then 17, was an Athens Park Bloods member who sought out Marcel Christopher, an associate with the Bounty Hunter Bloods, after his name came up in connection with a retaliatory homicide six days earlier. Sims exacted his revenge by entering Bianca Horton's College Hill Courts apartment on Jan. 7, 2015, and opening fire on her, Christopher, her friend, Talitha Bowman, 20, and Horton's baby, prosecutors said. Bowman died as a result and Horton's baby survived after hours of surgery but was paralyzed from the waist down.
Sims still faces sentencing for three counts of attempted first-degree murder and one count of employing a firearm during a dangerous felony. The question is whether those punishments will be tacked onto his life sentence or run at the same time.
At 19, Sims could leave prison after serving the 51 years for his first-degree murder conviction; inmates who aren't eligible for parole by that time must serve another nine years. If a judge rules Sims must serve time for his three attempted murder and gun possession charges, he could be in prison much longer. But a judge also could rule that serving a life sentence for murder is sufficient - and that Sims' other charges don't need to be added onto his punishment.
A judge has to weigh many factors in making that decision: A person's prior criminal history, their education and community involvement, their redeemability and whether they're eligible for an alternative sentence such as probation or supervised release. The state provided much of that information in a "pre-sentence investigation report" that was filed last week in Hamilton County Criminal Court.
Sims attended Ringgold High School until he dropped out in 11th grade, the report says. He was raised by his mother and stepfather since Coy Sims, his birth father, was not in the picture during his childhood. Sims admitted to being affiliated with the Athens Park Bloods gang, but maintained his innocence.
"I'm innocent and I was wrongfully convicted of the current crime," Sims said in his statement. "I told [my lawyer] I wanted to testify on my own behalf, but he told me if I did I would get a life sentence. I felt like I was done incredibly wrong due to the fact that I wasn't able to face my accuser, testify on my own behalf, put up my alibi witnesses, and due to the fact that my attorney failed to make a closing argument ... "
The victims in the case declined to offer a statement in the report. Sims' attorney, Lee Ortwein, also could not be reached for comment Monday.
Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.