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Published: May 09, 2008 11:20 pm
Man pleads no contest in city shooting
BY SANDRA K. REABUCK
The Tribune-Democrat
EBENSBURG —
In a surprise development Friday, a New York City man entered a no-contest plea to four counts of aggravated assault with a deadly weapon in a Johnstown shooting.
Kenneth Simington’s plea came one day after a jury had been selected for his trial. Testimony was scheduled to open Tuesday.
Judge Gerard Long sentenced Simington immediately to 2 to 51/2 years in state prison, with no credit for the 13 months he has been in prison since his arrest.
City police charged that Simington shot seven times into a parked car in Johnstown’s Oakhurst section Jan. 9, 2007.
Three occupants were wounded, none seriously. The fourth, a 1-year-old, was not hit by the gunfire.
Prosecutors dropped the more serious attempted homicide charges against Simington as well as some lesser offenses.
Attorney Timothy Sloan, who along with attorney Paul Eckenrode represents the defendant, said afterward that Simington entered the plea rather than chance being convicted on all counts and potentially face more than 60 years in prison.
“He accepted the plea because of its certainty (on the sentence),” Sloan said.
He added, “Mr. Simington continues to maintain his innocence, and that’s why he entered a no-contest plea.”
Assistant District Attorney Kelly Callihan said the victims had approved the plea bargain.
“By the plea, we gained a conviction on four (felony) counts and a guarantee that the defendant will do a significant amount of time in jail in Pennsylvania on top of what he has to do in New York (on other charges),” she said.
Callihan said that evidentiary issues that had not yet been decided by the judge could have impacted the prosecution’s case.
“We weighed the risks involved when contemplating the plea,” she said.
Callihan worked with Assistant District Attorney Eric Hochfeld on the case.
Simington, who was living in the Oakhurst Homes, was accused of opening fire around 12:30 a.m. on the car in a lot near Edders Den on Sheridan Street.
After the shooting, he fled to New York City, where he was apprehended in March 2007 by federal authorities.
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