LIMA — A Lima man who police say entered an occupied residence earlier this year with the intent to rob and “inflict physical harm” upon the home’s occupant could escape jail time when he is sentenced early next year in Allen County Common Pleas Court.
Marcavious Sims, 21, accepted a deal from prosecutors Wednesday morning that called for him to plead guilty to an amended charge of burglary, a third-degree felony. In exchange for that plea, the state agreed to dismiss a first-degree felony charge of aggravated burglary and to amend the remaining burglary charge from a second-degree felony.
Sims faces a maximum of three years in prison when he is sentenced Jan. 7, but Judge Jeffery Reed said a prison term is not mandated in the case. The state will make no specific recommendation at the time of sentencing.
Sims was indicted by an Allen County grand jury in July. The aggravated burglary indictment alleged that Sims on or about May 24 of this year did “by force, stealth or deception trespass” in a residence where Trinity Upshaw was present, and Sims “inflicted or attempted or threatened to inflict physical harm” upon the woman.
Upshaw was present in court on Wednesday and said she had “no problem” in Sims being released from jail on an own recognizance bond. Upon questioning by the judge, Upshaw said she was pregnant with Sims’ child.
Steve Chamberlain, Sims’ attorney, said his client had been working through a work release program at the county jail until a reported jailhouse altercation last week led to the revocation of his work release status. Reed agreed to allow Sims to leave jail on an own recognizance bond and to reside with his mother until he is sentenced.
Assistant Allen County Prosecuting Attorney Destiny Caldwell said police reports indicate Sims was homeless at the time the offense was committed.