Plea entered in Henrico dirt bike noise murder that jury couldn’t decide
HENRICO, Va. (WTVR)–Today Michael Mabry entered an Alford Plea for the voluntary manslaughter charge he faced in the death of 62-year-old Donald Sims, Sr.
His trial last month ended in a mistrial when the jury said they were unable to answer if the shooting that killed Donald Simms was self-defense, second degree murder or voluntary manslaughter.
The jury deliberated for seven and a half hours.
Today Mabry was sentenced to five years in jail with 4 years and 6 mos. Suspended, leaving an active six month sentence.
He will get credit for time served, and according to the jail he will be released on Friday, April 19.
He must stay out of trouble for 10 years or he will have to serve his full sentence. He is on supervised probation indefinitely, and a probation officer will determine the end date.
He must have no contact with the victim’s family members
He also forfeited his firearm.
During that trial, Michael Mabry told the jury he acted in self-defense when he shot and killed 62-year-old Donald Simms Sr. last September.
“Did Simms say to you, ‘I’m going to kill you, n-word?’ Did you believe him?” David Baugh, Mabry’s attorney, asked in court.
Mabry replied, “Yes.”
However, Prosecutors argued that Mabry was not afraid of Simms, despite what he told police. Prosecutors admitted Simms had been drinking heavily and was unarmed when he was shot and killed.
Additionally, prosecutors pointed out that Mabry never called 911, but left Simms to die.
The confrontation started after Michael Mabry and Donald Simms got into an argument over noise Mabry and his younger brother made while dirt biking on a wooded trail near Simm’s Kenwood Avenue home in Henrico County’s Lakeside neighborhood.
A neighbor said the two brothers left but returned a short time later in their cars and the argument escalated into a deadly situation.