Heather Sims trial judge mulling decision to reconsider jury verdict and sentencing

The judge who presided over the murder trial of Heather Sims heard arguments to reconsider the jury’s verdict and his sentencing on Wednesday afternoon in an Anderson courtroom.

Sims was found guilty of voluntary manslaughter by a jury on Nov. 20 and sentenced to 25 years in prison by Circuit Court Judge J. Cordell Maddox, Jr., who immediately reduced the sentence to 10 years with five years probation.

Sims’ defense attorney, Morgan L. Martin, is fighting the jury’s verdict and the judge’s sentencing, and Judge Maddox is taking time to mull over arguments put forward by the defense and the state’s prosecution team Wednesday.

Horry County Solicitor Jimmy Richardson said he is not sure when the judge will make his decision, but said both sides can submit additional information up until Jan. 20.

The judge most likely won’t rule to overturn the jury’s verdict, and that matter will probably go to an appellate court, because judges don’t usually go against jury decisions, Richardson said.

“Judges really give a lot of credit to jurors,” Richardson said.

Martin also asked Maddox to reduce the sentence he doled out to Sims for several reasons, including her lack of criminal record.

In a motion requesting the hearing filed on Nov. 24, Morgan asked for a shorter sentence to reflect “several reasons including, but not limited to, the Defendant’s lack of any criminal history, the non-existent likelihood of recidivism, and the extenuating circumstances of this tragedy which involved an assault on her by the deceased.”

Richardson said he thought the judge’s sentencing was “pretty close to perfect” considering that the victim’s family wants the maximum and Sims and her family want the minimum.

Sims, 33, of Conway was charged with murder after Horry County authorities found her husband, 35-year-old David Sims, dead from a single gunshot wound to the chest at their home on Old Reaves Ferry Road on Aug. 11, 2013 after the couple fought, and she claimed self defense.

Over the summer, Sims tried to challenge her murder charge and sought immunity under the state’s Stand Your Ground law, which allows deadly force against an intruder or attacker in a person’s home, business or vehicle. The state said the law excludes people living in the same residence and doesn’t apply when there is a domestic situation in the home, and Sims lost the motion in August.

An appeals court will likely be the next step for the defense team if the judge sticks with the original decisions that were made, Richardson said.

This story was originally published December 17, 2015 at 2:26 PM with the headline "Heather Sims trial judge mulling decision to reconsider jury verdict and sentencing."