Prosecutors Appeal Toccoa Man’s New Murder Trial to Supreme Court

The Georgia Supreme Court is expected to hear state prosecutors this week who are appealing a Stephens County judge’s decision granting a new trial to a Toccoa man convicted of murder and sentenced to life in prison, according to a report on Access North Georgia.

Steve Sims, Jr., was convicted of killing a friend of his former girlfriend, Dana Shawn Hancock.

Hancock and another of Sim’s former girlfriends got into an argument with Sims.  During that altercation, Sims shot Hancock three times, killing her. 

A Stephens County jury later convicted Sims of felony murder, aggravated assault, and gun charges.  He was sentenced to life plus five years in prison.

However, last May, Sims’ attorney filed a motion requesting a new trial, and a judge granted that request, finding that his trial attorney was ineffective because he did not question some of the comments may by prosecutors.

The State argues the trial court erred in granting Sims’ motion for a new trial because it failed to consider other Supreme Court rulings in similar cases.

Sims’ attorney argues the trial court properly granted Sims a new trial based on the prosecutor’s improper comments about Sims’ pre-arrest silence and failure to come forward with evidence.