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By
Emily Reed [former]
- July 18, 2024
Court
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Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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A defendant found guilty of first-degree murder in 2014 pled guilty to the same incident during an emotional July 17 hearing in the courtroom of DC Superior Court Judge Rainey Brandt.
Arik Sims, 36, was originally charged with first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, and misdemeanor offense of carrying a pistol without a license for his alleged involvement in the homicide of 29-year-old Lamar Fonville. The incident occurred on Sept. 30. 2012 on the 7400 block of Georgia Avenue, NW. Fonville sustained one fatal gunshot wound to the back of the head.
Sims was convicted of each charge following a jury trial in June 2014. The case was reopened in 2019 was declared a mistrial on appeal, because of unverified hearsay statements admitted during trial.
During the hearing, Sims accepted a deal, which required him to plead guilty to second-degree murder while armed, in exchange for a dismissal of all other charges. Through the deal, parties agreed to a sentence of 14 years of incarceration. Sims testified that he made the decision to accept the offer willingly and knowingly.
The prosecution offered a plea deal this late in the case because it would be too difficult for all parties to stage another trial with a result that could be appealed again. For example all three detectives that worked on Sims’ case retired from the Metropolitan Police Department (MPD) and would only be able to testify from distant memory.
Judge Brandt decided to proceed with the sentencing.
The prosecution stated that Fonville’s family were “not happy” that the case was reopened. She pointed out that Fonville’s sister, who was present at the hearing, was present every day of the original trial despite being eight-and-a-half months pregnant. According to the attorney, her daughter is now ten years old, and their family deserves closure after 12 years of court proceedings.
Fonville’s sister in a victim impact statement supporting the prosecution’s argument saying, “It’s like I’ve been trying to heal,” she began, “but it’s like ripping the bandaid all over again.”
She wished Sims had “just told the truth from the beginning” and spared her family from the process again. She explained that her family was still suffering from the incident, setting an empty plate at every holiday table. Fonville has three nieces and nephews that will never meet him, she stated, and they will only know about their uncle through pictures and visits to his gravesite.
She reminded Sims that he and Fonville had been friends at the time of his death, but throughout the original trial, Sims acted “cocky” and like he thought he was going to get away with the murder. However, she then told him, “your eyes seem a little sadder…I do see some type of remorse today.”
She told Sims that she had been praying for him and would continue to pray that he works towards bettering himself and contributing something positive to his community. “I wish you the best in your life and that you make the most of it,” she ended.
Judge Brandt expressed her appreciation that in her family’s grief and pain, Fonville’s sister was able to pass her hope to Sims. “You’ve restored my faith in humanity,” she told her.
Sims’ defense attorney, Dana Page, argued that Sims taking responsibility was indicative of his state of mind and behavior. She shared the sister’s sentiment that Sims has shown signs of change, stating that he is more wise and mature since the case began.
Page also stated Sims has taken advantage of the educational and community outreach programs at the DC Jail and that “he is a star” member. She shared that Sims has been accepted into and will begin the Georgetown University Pivot Program when released to make positive contributions to his family.
In his statement to the court, Sims thanked Fonville’s sister for her prayers and apologized to her and her family. He stated that he is a different person because of his experiences and expressed remorse for all of his actions.
Sims was sentenced to 14 years of incarceration and five years of supervisory release with credit for time already served. Sims will also be registered as a gun offender for up to two years after his release.