Convicted rapist gets 40 years

Sims

A Mayfield man convicted of raping and sodomizing a minor has been sentenced to 40 years in prison.

David Andrew Sims III appeared in court Monday to be formally sentenced after being found guilty by a jury in November.

Sims also has an interpersonal protective order (IPO) against him to not contact the victim for 10 years after his release.

He was convicted on two counts of first-degree rape and one count of first-degree sodomy, both Class A felonies. The victim was under 12 years of age in both counts.

Sims was also convicted of three counts of second-degree rape (victim under 14 years old); second-degree sodomy (victim under 14 years old); and third-degree rape (victim under 16 years old), which are Class C and D felonies.

At his sentencing on Monday, Sims' defense attorney, Cirris E. Hatfield, said that while they disagree with the results, they had to accept the jury's decision to convict.

"We're happy with the outcome," Graves County Commonwealth's Attorney Richie Kemp said. "These cases are always challenging and we had no physical evidence, and the only witness was the victim."

Previously, Kemp said the victim reported to the Graves County Sheriff's Detective Brook Amberg on Jan. 26, 2018, that they had been sexually abused. After interviewing the victim and those close to the victim, Amberg subsequently arrested Sims.

Lotus Sexual Abuse Center helped arrange a forensic interview and medical exam and determined that the victim had been sexually abused as early as 9.

Sims will not be eligible for parole for at least 20 years, and before he can even get to that point, he'll have several hurdles to go through. Kemp and Assistant Commonwealth's Attorney John Beasley II said he has to register as a lifelong sex offender and undergo a sex offender treatment program before he would be considered for parole.

If Sims does not register as a sex offender, it will be treated as a separate charge of a Class D felony, and each subsequent offense of not registering will be upgraded to a Class C felony. The conditions of his parole, probation and sex offender registry are at the discretion of the parole board and vary from case to case.

Sims will be 57 years old before he will be eligible for parole.