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re: Man who shot car thief
(Published 12:01AM, September 6th, 2003)

Tears pooling in his eyes, Fredrick Tremayne Sims hugged his family goodbye Friday moments after being sentenced to 21 months in prison for killing a Tacoma teen who stole his car.

"I love you all," said Sims, a 33-year-old married father of four.

After the hearing, supporters of Sims and the teen, 15-year-old Carl Richard "C.J." James, clashed outside the Pierce County courthouse and deputies escorted Sims' family to their cars.

"We just want to get out of here," said Sims' wife, Adrianne.

Earlier, defense attorney, Ray Thoenig, argued for a lighter sentence for Sims but Superior Court Judge Stephanie Arend said the seriousness of the crime merited the 21-month sentence.

"That type of behavior cannot be promoted with an exceptional sentence" below the standard range of 21 to 27 months, Arend said.

With good behavior, Sims could get out seven months early, prosecutor Ed Murphy said.

Sims' family and James' grandparents declined to comment after the sentencing.

The night of Dec. 14, 2002, James stole Sims' 1985 Pontiac from outside his South End home. Sims grabbed a gun, got into another vehicle and chased after James, court documents state.

Sims fired three shots at the car. Two hit the rear end; the third shattered the back windshield and fatally struck James in the head.

In his statement to the court, Sims said he never wanted to hurt anyone.

"I deeply regret the outcome," he said. "I would gladly have given the young man a ride home if he needed one. I am so sorry, I am so miserable and I only wish I could undo the terrible tragedy that resulted."

Sims has said he acted in self-defense after James, a troubled teen who'd stolen cars before, swerved to hit Sims' vehicle during the chase.

Sims entered a modified guilty plea in July to second-degree manslaughter in James' death. He maintained his innocence but acknowledged that he'd most likely be convicted at trial.

Before the sentencing Sims' mother and wife told Arend they didn't believe he was a threat to society and that they needed him to be there for his family.

Thoenig said Sims should receive a lesser sentence because of four mitigating factors:

•That James had caused the incident.

•That Sims had committed the crime under duress, threat or compulsion.

•That others induced Sims to participate in the crime.

•That Sims' capacity to appreciate the wrongfulness of his conduct was significantly impaired.

Arend said she believed there was no legal basis to hand Sims a shorter sentence.

"I do not agree the use of deadly force was necessary," Arend said. "There was an effective alternative to the use of deadly force in this circumstance."

The shooting has taken a heavy emotional toll on the friends and families of James and Sims.

James' mother is devastated, said family friend Kim Love. She had to leave Friday's court hearing when Sims' family addressed the court.

The Sims family lost their home after the shooting and are living in protective housing, friend Marcia Bentz wrote in a letter to Arend.

After the sentencing, Love and a friend of Sims traded remarks about what had happened.

The friend said Sims has a big heart and James should have been home in bed, not stealing cars. Love said the teen shouldn't have paid with his life for the theft.

"There are laws for a reason and you have to follow the laws whether you like it or not," Love said later. "Whether he was a troubled kid or not, he was worth saving."

Stacey Mulick: 253-597-8268 [e-mail]

http://www.tribnet.com/news/local/story/3855030p-3878989c.html