Article from today’s paper (copied from ohio.com:
Woman says she’s served her jail time
Accused pizza shop agitator says trial shouldn’t follow plea bargain
By Phil Trexler
Beacon Journal staff writer
The Akron woman who prosecutors say triggered an ugly videotaped beating at a downtown pizza shop says she is sorry but doesn’t deserve any more jail time.
Prestina Sims, 31, met with reporters Friday, a week after a judge released the videotape that helped to convict her boyfriend of felonious assault and propel local debate on social conduct.
In the tape, Sims is seen entering DaVinci’s Pizza on South Main Street last July. She soon confronts a customer who complained she was cutting to the front of the line. Sims spat on a store manager who tried to throw her out and then pointed to the customer and ordered her boyfriend, Mark Jones of Akron, to ``take care of this white mother (expletive).‘’
Jones, who is 6-foot-4 and weighs 320 pounds, pummeled the customer, Joseph Scarpino, 28, drilling him with seven unanswered blows to the head as a lobby full of customers looked on in shock.
Scarpino, 6-foot-2 and 220 pounds, suffered a broken nose, a chipped tooth and a concussion. Jones, 35, was sentenced to four years in prison after his conviction last week in Summit County Common Pleas Court.
Sims, a mother of five, told reporters she is sorry about the incident and wishes the case would go away. She denied making the racist remark about Scarpino, although her words are clearly captured on the videotape.
She also said she felt the matter was put behind her last August when she agreed to a plea bargain with Akron city prosecutors. Sims agreed to serve six months in jail after pleading guilty to misdemeanor assault, disorderly conduct and criminal trespassing.
In October, however, county prosecutors brought a felonious assault indictment against her. She is scheduled for trial March 14 and faces two to eight years in prison, if convicted.
Prosecutors are expected to argue that in essence, Sims used Jones as a deadly weapon in order to cause serious physical harm to Scarpino.
I would like to apologize... to Joseph. I didn't expect that to happen,'' she said. Every day I think about this incident. It hurts me and I know it affected (Scarpino).‘’
Scarpino could not be reached for comment.
Sims’ attorney, Walter Madison of Akron, would not allow her to comment on what is seen in the videotaped beating.
Madison filed a motion Thursday asking Judge Brenda Burnham Unruh to dismiss Sims’ case, citing the previous plea and claiming the new charges violate double jeopardy protections.
A similar motion filed by Sims’ former attorney was denied Feb. 2, when Unruh agreed with prosecutors and ruled the plea deal with city attorneys does not prevent county prosecutors from bringing felony charges.
Madison said if the county officials were acting in good faith, they would have commuted Sims’ sentence when the indictment was first brought, months before she finished serving six months in jail.
What we have here is a person who had accepted responsibility now finding herself facing punishment a second time,'' Madison said. What I’m doing now, I’m asking the court to dismiss it because of constitutional issues that the state has acted in bad faith. We believe a case brought with an evil eye should not see its day in court. Ultimately, a deal is a deal.‘’
The tape has been played repeatedly on local and national TV, but Sims said she has not watched it. She said she can’t change public opinion that blames her for the attack.
I'm living this day by day. I do wish it would go away. I wish I could have my life back,'' she said. It’s a scary feeling that my freedom is still in jeopardy.‘’