Death sentence stands in ’85 murder

A federal appeals court upheld the death penalty Wednesday for a

South Carolina man convicted of violently killing a Glendale Domino’s

Pizza delivery driver in 1987, and at least two others in South

Carolina. Mitchell Sims submitted an appeal in June to reverse the

1987 sentencing based on several requests, all of which were thrown

out in a 2 to 1 ruling by 9th U.S. Circuit Court of Appeals judges, a

court clerk said.

Sims and his girlfriend, Ruby Padgett, went on a violent crime

spree that began in South Carolina, where they robbed and shot Gary

Melke and Christopher Zerr, both 24. They were employees at a

Domino’s Pizza in Hanahan, a Charleston suburb, where Sims was once

employed.

The two went on a violent crime spree, from the Carolinas, through

Kentucky and ending in Glendale, said Glendale Police’s Sgt. Tom

Lorenz.

The two lured Glendale pizza deliveryman John Steven Harrigan, 21,

to their Regalodge Motel room on Colorado Street on Dec. 9, 1985.

Sims tied Harrigan up, stuffed something his mouth to suffocate

him and put him in the bathtub to drown, Lorenz said. Sims then took

Harrigan’s truck and uniform and, along with Padgett, went down to

the Domino’s Pizza store, where they tied up the two employees,

fashioned nooses and strung them up with rope in a walk-in freezer.

The employees were saved, however, when an off-duty employee came by

and saw Sims wearing Harrigan’s shirt, Lorenz said. The off-duty

employee called the manager who told him to call the police.

Sims, 45, was found guilty in 1987 of the drowning of John

Harrigan. Padgett, was sentenced to life for her part in the killing.

Wednesday’s ruling rejected Sims’ claim that his lawyer should

have been able to present evidence of Sims’ mental condition

resulting from early childhood abuse, according to the majority

ruling, written by Circuit Judge Pamela Rymer.

The judges also rejected Sims’ claim that his sentence be

overruled based on statements made by the prosecutor.

“He can do two things at this point,” Deputy Atty. Gen. David

Glassman said. “He can ask the panel that heard the case to

reconsider its ruling, or he can ask the U.S. Supreme Court to review

the case.”

Circuit Judge Betty Fletcher was the sole dissenting judge in the

decision, stating that the prosecution improperly used incriminating

statements Sims made to a police officer in violation of Miranda

rights, the ruling said.

Fletcher also disagreed with the “prosecutor’s insistence that the

compelling evidence of Sims’ childhood abuse could not be considered

by the jury in mitigation,” the ruling said.

The majority, however, ruled that given the evidence supporting

Sims’ intent to kill Harrigan, his history of child abuse would have

not affected the jury’s verdict, the ruling said

Sims’ lawyers John Blume and Trevor Morrison did not return calls.

Sims remains on death row in South Carolina.