LIMA — A Lima man who police say entered an occupied residence last year with the intent to rob and “inflict physical harm” upon the home’s occupant was sentenced Tuesday to three years on probation.
Marcavious Sims, 21, was indicted by a grand jury in July on charges of aggravated burglary and burglary, felonies of the first- and second-degree, respectively. He accepted a deal from prosecutors in November 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 faced up to three years in prison, but Judge Jeffery Reed — after hearing a plea for leniency from the victim — opted instead to place Sims on probation.
“Since this happened, it woke me up and made me a better man,” Sims told the judge. “I made a mistake and I’m willing to do whatever it takes to become a better man.”
The indictment alleged that Sims on or about May 24 did “by force, stealth or deception trespass” in a residence where Trinity Upshaw was present, and further alleged that Sims “inflicted or attempted or threatened to inflict physical harm” upon the woman.
Upshaw was present in court and told Reed she and Sims were expecting a child together in April. “I don’t fear him,” she told the judge.
Reach J Swygart at 567-242-0464.