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Mims gets maximum sentence in menacing case

Updated: Tuesday, June 17 2014, 12:26 PM EDT

By Jennifer Black


Donald Mims, 29, of Jefferson County, received a maximum sentence of 54 months in jail Tuesday-in connection to a shots fired incident from March 2013.

Judge David Henderson handed down the sentence after a jury convicted him last week on three felony charges, two third-degree felony counts of weapons under disability and a fourth-degree felony count of aggravated menacing.

The charges stem from an altercation between Mims and a female victim where he bit her chest and shot a gun over hear head while making threats.  The judge said that the incident occurred while three young children were inside the Yorkville home.

Tuesday morning, prosecutor Jeff Bruzzese pointed to Mims' criminal record in hopes it would lead the judge to impose the maximum sentence.

"Nine separate felony cases.  9 convictions over a 10-11 year period is alarming and I've never seen anything quite like this in my career," Bruzzese said.

Bruzzese went on to say that, "We can be confident [Mims] is not out terrorizing the community, are the days he is locked behind bars."

Henderson agreed with the prosecution's stance that Mims brought on both physical and mental harm for the victim in the case.

"In that moment, she did not know if she'd been shot, and she had no idea what was about to happen," Bruzzese said.

Mims' defense attorney, Stephen Lamatrice, said that his client expressed remorse, and said that he did not actually shoot the victim.  He also referenced his client's high level of intoxication.

"It's not a defense,  but is a mitigating factor.  I think the high level of intoxication was brought out at trial,  and I think it was achieved by him and that victim getting to that state together," Lamatrice said.

Mims offered an apology in courtroom on Tuesday.

"I just want to apologize to the court and to the victim...for everything that happened during this whole ordeal," Mims said.

While the defense contends there was remorse, the prosecutor and Henderson disagreed.

"There has been not only no genuine remorse, but not any attempts at even faking remorse," Bruzzese said.

At the conclusion of the sentencing, Henderson asked Mims where the weapon involved is, but Mims responded with, "There was never no weapon."

Mims indicated that he would appeal the case.  He has 30 days to do so.

Mims gets maximum sentence in menacing case

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