It appears that the lawyer for Rekalin Sims is going to push that Sims was unaware of what took place after he was asked to pull over by a companion riding in Sims' vehicle.
Now we are not lawyers nor do we play such on television and we didn't stay in a Holiday Inn Express anytime recently but the beating of the suspect appears not to be premeditated. However, any claim of being unaware of such by any of the people in the car is far-fetched and unlikely to be 'bought' by the judge.
If riding in the car, who would then not watch to see what one of your companions does after he says he wants to hit a pedestrian and then gets out of the vehicle? The claim just doesn't wash.
On a separate note, who were these people with Sims and why was he out and about with them? It certainly was an odd lot. This 'smells' too but certainly isn't by itself anything illegal.
Anyway, here's the latest:
Hearing held for Bulldogs' Sims
Daniel Lyght
Fresno Bee
12/01/07
The preliminary hearing is over, but Fresno State men's basketball player Rekalin Sims will have to wait until next week to find out if he will stand trial on two felony charges.
Judge James Oppliger said he would rule Thursday whether there is enough evidence for Sims and two co-defendants, Vicente Ramon Loera and Christopher Brandon Eiland, to be tried for conspiracy to commit robbery and second-degree robbery.
Police arrested Eiland, Loera and Sims early on the morning of Nov. 11 as suspects in the robbery of 29-year-old Benjamin Ontko near Bulldog Lane and Ninth Street in Fresno.
Ernest Kinney, Sims' attorney, will try to get the case against Sims, a senior in his last season of eligibility, thrown out for insufficient evidence.
"We did a [preliminary hearing] in two days because we wanted to save [Sims'] career," Kinney said afterward. "I think it's pretty clear Rekalin's in the car [during the incident], he did nothing."
Go here for the full article.
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