The pair was convicted on July 20 for the shooting death of Sims at an illegal nightclub in Cerulean. The jury recommended a sentence of 20 years for each defendant, though Judge Cunningham delayed formal imposition of sentence until August 9, so that attorneys could review the pre-trial sentencing report.
First to be sentenced was Wadlington, who appeared with his attorney Charles Hagan. Hagan of Louisville said that he did not agree with many evidentiary factors in the case. Judge Cunningham said that he had heard all of the evidence presented and did not find cause to challenge.
Hagan notified the judge that he would file a notice of appeal for his client, but that as he was not an appellate attorney, would not represent Wadlington in future proceedings.
Cunningham heeded the jury’s recommendation and sentenced Wadlington to 20 years.
As Wadlington was taken from the courtroom, Mayes and his attorney, Willie Peale of Frankfort, were summoned. Peale challenged the record of Commonwealth Attorney G.L. Ovey’s request to the jury that both defendants be sentenced to life in prison. Peale believed that this could prejudice a parole board in future hearings. “Often times parole officers take this to be an inaccurate history,” Peale said to Cunningham.
Judge Cunningham agreed and ordered that the language be stricken from both defendants’ records.
Peale also petitioned to allow Mayes some credit for time served in the Christian County Jail after his arrest. Cunningham denied the request explaining that as Mayes had violated probation in committing the offense, his time incarcerated counted towards the sentence of a prior conviction for trafficking in a controlled substance. He was convicted in 2001 on those charges.
Peale also challenged the timing of Mayes’ official parole violation, submitting, “19 or 20 days had passed before his parole was revoked.”
Judge Cunningham also rejected this argument.
For the rest of this story, read this week's Cadiz Record.