Gainesville Man Avoids Prison Time in Aggravated Assault Case After Judge and Prosecutor Show Leniency

Last week, Aakel Jabari Sims, 29, walked into the Alachua County Criminal Courthouse prepared to take a plea deal that would have him spend nearly two years in prison for aggravated assault with a firearm. He walked out of the courthouse with probation after Judge Robert Groeb indicated that he was uncomfortable with prison time, which prompted the prosecutor to suggest he depart from the sentencing guidelines.

Arrest 

On October 15, 2023 Gainesville Police Department officers arrested Sims. According to the arrest report, Sims’ ex-girlfriend/child’s mother (VIC 1) and her new partner (VIC 2) were shopping for dog food at Walmart 

Officer Dantrell Osbourne reported the following:  

"VIC 1 stated she was sitting in her car waiting for VIC 2, when she heard a knock on her driver side car window. VIC 1 stated she looked and noticed it was [Sims]... VIC 1 stated she rolled down her window when [Sims] stated, ‘I told you I was going to catch up with you’ and struck her in the face with an open hand. VIC 1 stated she called VIC 2 on his cellphone who was in the store, and told him [Sims] was by her car and he just struck her. VIC 1 stated while on the phone with VIC 2 [Sims] lifted up his shirt, showing [her] a black firearm in his waistband. Vic 1 stated [Sims] then reached into her vehicle and attempted to take her keys out of her key ignition. 

VIC 2 stated when he exited the store he observed [Sims] leaning into VIC 1’s vehicle. VIC 2 stated when he ran over to the vehicle [Sims] pulled out a black firearm from his waistband and cocked the firearm loading a round into the chamber. VIC 2 stated he told [Sims] to put the firearm away and there is no need for the firearm. VIC 2 stated when he looked away for a second, [Sims] struck him in the head with the black gun. VIC 2 stated both he and [Sims] began wrestling for the gun. VIC 2 stated he could not remember how he was able to get the gun away from [Sims]. VIC 2 stated once he had possession of [the] firearm he released the magazine from the gun which contained rounds in the magazine.

[Sims] declined to speak with me about the incident. 

[Sims] has no criminal history.” 

Sims was released shortly after his arrest upon posting a $32,000 bond set by Judge Walter Green.

On November 15, 2023, prosecutors formally charged Sims with one count of aggravated battery, one count of domestic battery, two counts of aggravated assault and one count of burglary of an occupied conveyance.  

On December 12, 2025, Assistant Public Defender David Cianci made a stand-your-ground motion to find Sims immune from prosecution for the charges pertaining to VIC 2, who is identified as Guy Williams in the motion. The motion states:

“Here, it is undisputed that Mr. Sims and alleged victim Guy Williams engaged in a fight. This fight was recorded on Wal-Mart surveillance cameras… 

The [charges allege that] Mr. Sims caused great bodily harm to Mr. Williams because during the fight Mr. Sims hit Mr. Williams with a gun… 

The surveillance footage shows highly aggressive behavior from Mr. Williams immediately prior to the incident… 

The surveillance footage shows the alleged victim Mr. Williams running up to Mr. Sims in a Wal-Mart parking lot. Once Mr. Williams reaches Mr. Sims, he immediately pushes his chest, his arms, and his head against Mr. Sims' body… 

Heated words are exchanged immediately prior to the fight occurring… 

Surveillance footage shows Mr. Sims holding what appears to be a firearm. Surveillance footage shows that Mr. Sims' firearm does not appear to slow Mr. Williams' actions at all. Mr. Williams keeps his body within inches of Mr. Sims and does not back away… 

Mr. Williams stated in his deposition that he was not worried about the gun he saw Mr. Sims holding… Mr. Sims hits Mr. Williams and the fight ensues. At some point during the fight Mr. Williams wrestles the firearm from Mr. Sims' grasp. Mr. Williams testified at his deposition that he pointed the gun, with a round in the chamber, at Mr. Sims…

The fight continues for more than one minute until the two are separated by bystanders and Wal-Mart security people… During the fight, the mother of Mr. Sims' child [VIC 1] jumps on his back and Mr. Sims is justified in believing that he is being attacked by two people… 

Mr. Sims has been attacked and severely beaten up by Mr. Williams in the past…

Prior to his arrest, Mr. Sims was legally allowed to possess a firearm…

Mr. Sims reasonably believed, when he was confronted suddenly, unexpectedly, and aggressively by Mr. Williams, who said that he was not intimidated by a firearm, that he needed to protect himself from imminent death or great bodily harm."

Self-Defense Immunity Hearing

On April 7, 2026, Prosecuting Attorney Lua Lepianka, Cianci and Sims appeared before Judge Robert Groeb for the self-defense immunity hearing. 

Witness 1 | Aakel Sims

The hearing began with Sims taking the witness stand and answering lines of questions from Cianci and Lepianka. 

Sims said that he approached his child’s mother (K.M.) after she rolled her window down. “We was just talking about our child,” he said. 

Sims affirmed that he also wanted to speak with K.M. about their car, stating his license got suspended because she failed to make insurance payments. 

Sims denied showing the gun to K.M. or threatening her with it. 

Cianci asked if someone came out and “joined” them and Sims affirmed Williams approached. 

Cianci asked Sims if Williams had previously threatened him. 

Sims said, “Yes… Over [K.M.’s] phone… I called to talk to her about my child, and either he would snatch the phone or she would give him the phone, and he would just go on and on…”

Cianci asked what Williams specifically said. 

Sims replied, "Excuse my language ‘Yeah, boy, I'm going to hurt you again. Boy, I'm going to fuck you up. I'm going to -- I'm going to do this, ‘ like, pretty much just going on and on.”

“And how many times did this happen?” Cianci asked. 

“One time was enough for me,” Sims replied. 

Cianci asked what Williams was referring to when mentioning he’ll mess him up again, and Sims said that Williams and his friends jumped him a few years back. 

“I just got out of Job Corps on a weekend break, and we was just walking around, me and my brother and one of my friends,” recounted Sims. “We was just walking around with our shirts off because it was hot; it was around summertime, and it was just a group of guys there… We tried to walk past, and they like… ‘Do you know where you at?’ I’m like, ‘Duval?’ He’s like, ‘Oh, no. This is my hood…’ They just started jumping us.” 

Sims said that when he saw Williams at the Walmart, he was running towards him aggressively and pulling his pants up while taking off a satchel or man-purse.  

Sims said that Williams got right in his face to the point their bellies were touching and that he kept trying to force him away from the car. Sims said that he told Williams to back up and get out of his face, but he did not. 

“At some point during this jawing, did you take out your firearm?” Cianci asked. 

Sims affirmed that he did and said that he held the gun at his side, not pointing it at Williams. 

Sims said that Williams was “acting like he was going to reach in [his bag] and grab something, and I just kept telling him ‘Back up…’ I was in fear. I didn't know what… what was in it?” Sims said Williams did not back away and that he hit him with the pistol, leading to a tussle for the gun. 

Sims said that Williams retrieved the gun during the struggle and pointed it at him before giving it to a loss prevention officer. 

On the cross-examination, Lepianka insinuated that Sims was not happy when speaking with K.M. due to the situation with the car.

As she got into her line of questioning, Lepianka asked, “You reached into the vehicle and you backhanded her; right?” 

“No ma’am… I never hit her,” Sims denied. 

“You tried to take the keys from her, didn’t you?” Lepianka questioned. 

“They was in the door,” said Sims. 

“And you tried to take them; right?” Lepianka questioned. 

“Yeah,” Sims admitted. 

“And she didn’t want you to take them; so you guys were struggling over the keys; right?” Lepianka questioned. 

Sims said they were not struggling and that K.M. just snatched it back.

Lepianka questioned if the key lanyard broke in the process, and Sims said that was correct, making it so K.M. still had the keys. Sims denied lifting his shirt to show the firearm.

Lepianka went on to insinuate that Sims dislikes Williams due to their prior interactions. Sims did not admit to disliking Williams, potentially seeing how it would give Lepianka a motive to work with. 

Sims denied K.M. calling Williams because she wanted help. 

Lepinaka said, “[Williams] was saying, ‘We’re not going to do this here,’ didn’t he?”

“No he didn’t say that,” Sims replied; 

“So you pulled the gun?” Lepianka questioned. 

“He had a man purse on,” said Sims. 

“You pulled the gun out because he had a man purse?” Lepianka questioned. 

Sims said that Williams was carrying the man purse in an aggressive manner and that he was in fear before acknowledging that he pulled out the gun. Sims denied pointing the gun at Williams. Lepianka questioned if Williams grabbed the gun to redirect it from his face, which Sims denied, but acknowledged that he hit Williams with the gun. 

As the cross-examination progressed, Sims acknowledged that he retrieved his firearm from the loss prevention officer before leaving the scene and did not contact police following the incident. 

“You didn’t stay even though you saw that people were making phone calls and calling law enforcement; right?” Lepianka questioned. 

“Right,” said Sims. 

“So you just took your gun, and you left?” Lepianka questioned. 

“Yes ma’am. I went home,” replied Sims. 

Witness 2 | K.M. 

K.M. said that while Williams was in the Walmart, Sims parked behind the vehicle she was in, got out, and knocked on her window. K.M. said she did not call Sims over. 

K.M. said she rolled the window down and Sims leaned into the car and said, “I told you I was going to catch up with ya’ll,” before grabbing the keys. She said that she had a grip on the keys, so when Sims pulled the lanyard broke but she still had the keys. 

Lepianka asked K.M. what Sims meant when he said he’d catch up with them. 

K.M. replied, “We had an argument prior to that just because I guess -- I don't know if him and Mr. Williams had previous altercations in their past… When he found out me and Mr. Williams were involved, he was, like, threatening to fight him and said he would catch up with us.”

K.M. said the car was in both their names and that she wasn’t willing to just give Sims the keys when he already had his own vehicle. 

K.M. said she could not remember if Sims struck her but acknowledged that a lot had happened and that it was roughly three years since the incident occurred. 

K.M. said that after fighting over the keys Sims “flashed his gun,” prompting her to call Williams. K.M. said that Sims was walking into Walmart when she made the call, and that her phone was at 1%, so she could only tell Williams, “my child's father is here and he has a weapon and he's walking into Walmart.”

K.M. said she saw Sims go into the Walmart and come back out shortly before he and Williams became engaged in a confrontation. She said Williams was "telling him to put the guns away, that they could fight."

K.M. said Sims pulled the gun out and “racked one into the chamber” before pointing the firearm at Williams. 

K.M. said that she tried to get out of the car in an attempt to deescalate and Williams told her to get back in and closed the door on her, at which time Sims hit him in the head with the gun. 

“It was a very open wound,” described K.M. “It was squirting out blood. There was blood on my car, all over Mr. Williams’ face, all over my clothes. But they continued to tussle. It was very open and very big.” 

K.M. continued, “I ran over. I was trying to pull Aakel off of Mr. Williams. I was saying our son's name just to maybe grasp his attention and, like, bring him back. But it didn't work. He pushed me off of him. And they were still fighting. I don't know how the gun ended up – I don't know if Mr. Williams took the gun or how it ended up on the ground… Mr. Williams had the gun, and he pointed it at Mr. Sims, and Mr. Sims jumped off of him, put his hands up, and said, ‘It's loaded; it's loaded.’ And then Mr. Williams gave the gun to the civilian, who then gave the gun back to Mr. Sims.”

K.M. confirmed there were a group of bystanders during the incident; some warning about the gun; another saying they were gonna call the police. 

On the cross-examination, Cianci insinuated that K.M. hurriedly told Williams that Sims has a firearm, leading to Williams running to Sims. 

“I mean, he got right up in his face,” said Cianci. 

“I wouldn't say in his face, but he ran up there,” said K.M, acknowledging the two men were “fairly close” in proximity. 

GnvInfo has not obtained the surveillance video, but it was played during K.M’s cross examination. The transcript from the hearing paints a picture of the video.

Witness 3 | Guy Williams 

Williams said that Sims started becoming “a little aggressive” after learning of his relationship with K.M.

Williams said that when in the Walmart, K.M. called him “saying that the baby daddy was outside, putting his hands on her and he [had] a gun. And then the phone went out.” He described K.M. as sounding “frantic” and “very scared.” 

Lepianka asked Williams if he was walking calmly, and he replied, “I wouldn’t say calmly. I was trying to hurry up and get to the car… get to her and get to the car.” 

Williams said he asked Sims to back up from the car. “He’s kind of hostile,” Williams described. “He’s not supposed to be over there by this car. We didn't want no contact with him because, prior to that… we got threats, saying that he would see us and catch us.” 

Williams said that Sims was not supposed to be over there because they did not have their son at the time. 

“That's another thing… What is your reason for it?” Williams said. “And plus she don't want you around her. So I did come out, trying to ask him to back up and get away from the car, which he should have done, which he shouldn't have been there in the first place.”

Williams recounted when Sims found out about his relationship with K.M., saying, “He kept threatening and asking who she was dealing with, and we never -- we never said because I didn't know who the baby daddy was, again. But then once she told me, and then she was, like, ‘This going on too long. He keep on asking me who I'm dealing with; so I'm going to just tell him…’ When she told him, he said… excuse my language. His words was, ‘Oh, yeah? Out of all the people, you fuck with him?’ Excuse my language… He was like, ‘Out of all the people, you could have fucked with anybody else but him.’ And then he said, ‘It’s okay. It’s cool. When I catch y’all, you know what time it is.’” Williams said he interpreted Sims’ statement as a threat to his life. 

Williams said he remembers telling Sims, “Ain’t nobody scared of a gun. You can back up,” just before Sims hit him in the head with the gun. Williams said he had to get nine stitches in his face, had a dislocated jawline, and chipped teeth. 

“How did you get the gun away from him?” Lepianka asked.

“I wrestled it,” said Williams. “I was trying to get the gun the whole time away from us… When I got the gun, I ended up giving it to somebody else. But I remember [Sims] saying, ‘Hold on. It’s a bullet in the chamber…’ I told him… ‘Yeah, I know. It’s the same gun that you hit me with in my face… If it would have went off, I would have been dead.’”

Williams reiterated that he gave the gun to “some guy that was close.”

Williams said, “Everybody around was yelling, saying, ‘Oh, yeah. Y'all need to stop this. The police is coming. Police is coming,’ this, that and the third.”

Williams said that he was scared and denied attempting to initiate a fight with Sims. Williams added that Sims put him in a chokehold when they were wrestling for the gun, during which time the clip fell out and got kicked away. Although he ended up retrieving the gun, Williams said that when they were wrestling, he was trying to get it away from his face rather than take it.

On the cross-examination, Cianci insinuated that Williams was the primary aggressor due to his proximity to Sims at the start of the altercation. Cianci went on to ask Williams if he put his hand on the gun.

Williams said he did after Sims hit him in the face with the gun. 

Cianci questioned the prior altercation between Williams, Sims and other individuals. Williams denied attacking but acknowledged there was an altercation. Williams said nobody was charged. 

Cianci questioned the appearance of Williams’ bag, which Williams said he had on because he did not have pockets. Cianci asked, “But you know that other people sometimes do have guns and weapons in those bags they hold across their chest; correct? Not you, but other people; right?”

Williams replied, “Yes, sir. But if I had a gun and somebody else had a gun towards me, don't you think I would have pulled it out of there?”

Cianci went on to ask Williams if he ever talked back when K.M. “said that [Sims] made those threats to her.”

Williams denied confronting Sims and said Sims was calling K.M. when he made the threats.

On the re-direct, Leipanka confirmed that Williams was 16 years old during his prior altercation with Sims. In her line of questioning, Lepianka affirmed with Williams that he did not say he would harm Sims, did not tell him he possessed a gun, did not hold the bag like he’d use it as a weapon, and did not do anything other than try to get Sims away from the vehicle. 

Groeb’s Ruling

“The testimony here obviously is conflicting testimony between the parties. We've heard from the two alleged victims and also from the defendant, but we also have the benefit of the video from the parking lot where the incident occurred. So when we have a conflict in the testimony, at least we have some video testimony to try to resolve those conflicts. 

My view of the evidence that I've heard and also the evidence that I've seen on the videotape, I think, does not support a claim of stand your ground in this case or a genuine self-defense type of case from the defense's part. I'm making that determination from the facts that I've heard about, as well as the video that I've seen.

The portrayal of Mr. Williams leaving the Walmart -- clearly see it on the videotape. He's sort of running as he's pushing his cart. He pushes the cart into the middle of the parking lot and immediately runs over to the car where Mr. Sims… the defendant is at. So the whole concept of Mr. Williams being the initial aggressor here, I don't think holds water because the testimony from the other two victims is that the girlfriend had called from the car and said, ‘Hey, he's out here with a gun. Get out here...’  

I think if that had been my wife sitting in the car and I had gotten that call, I would have been running out toward the car as well, if it's necessary to defend her... 

I don't think that makes him the initial aggressor, the fact that he was running at the car, the fact that he got right up in the defendant's face. 

Also, looking at the videotape carefully, it was played two times in its entirety. I was trying to see who was the initial first physical aggressor when the two were standing pretty much boxed face to face by the door of the car. 

As I view that tape, I think the first punch was swung by Mr. Sims. I think the first shove was done by Mr. Sims. I do not think that Mr. Williams was the initial aggressor physically. 

Irresponsible in what he was saying - we really don't know that for sure, can't really remember. But the physical aggression, I think, initially was by the defendant, Mr. Sims.”

Cianci said the focus is on a defendant’s state-of-mind in a stand-your-ground motion. Groeb said the video evidence contradicts Sims’ state-of-mind and denied the motion. 

Groeb commented on the old age of the case and said, “It's just bothersome to me when we have these hearings of the trials. It happened in the first trial we had on the aggravated child abuse, where the witness gets up here, and what I hear over and over from witnesses, ‘God. This happened five years ago. I don't remember what happened.’ Or, God forbid, the witness testifies about a whole different incident that didn't happen at all. And I think a lot of that is simply the passage of time. I don't remember what happened five years ago; so, you know, again, one of my pet peeves about moving these cases along – I think it really hurts the prosecution."

“It absolutely does,” said Lepianka. 

Change-of-Plea Hearing

On August 4, 2026, Sims appeared in court for a change-of-plea hearing after reaching a negotiated plea agreement with the prosecution. 

The plea reduced the severity of Sims' charges, having him convicted of two counts of aggravated assault with a deadly weapon, and charges of battery and domestic battery, avoiding a more serious conviction for aggravated battery, which is punishable by up to 15 years in prison. Under the charges he pled to, Sims’ maximum sentence was 12 years in prison. The agreement would’ve had Sims spending just under two years in prison, the lowest permissible prison sentence, followed by two years of probation.

Cianci told Groeb that Sims’ acceptance of the plea is to mitigate the risks he’d face at trial.

“Are you sure you wanna do that sir?” Groeb questioned Sims. “You have no prior criminal history…” 

Cianci said he doesn’t think Sims wants to, but called the trial risk “astronomical.” 

“Is that something you wanna do sir?” Groeb inquired.

“Reluctantly,” said Sims. 

Shortly after Groeb initiated the plea colloquially, Cianci asked if he’d consider giving Sims a turn-in date so he’s not immediately taken into custody. Cianci cited Sims’ two children and asked that he be able to spend time with his family before going to prison.

“I’m not known as a particularly generous sentencing judge,” said Groeb, who is going to retire in the near-future. “I’m pretty harsh… but when I look at [sentencing guidelines] like this, where I see no prior history, and I’m sending a man to prison…” Groeb indicated that he felt very reluctant in accepting the plea, and Cianci appeared to not know how to respond, stating he doesn’t get that from the bench very often. 

Lepianka said she may be inclined to negotiate if Groeb was willing to depart from the sentencing guidelines outlined in the score sheet.

Groeb said it’s not something he does often, but that he might be willing to invoke a downward departure sentence due to Sims’ lack of criminal history.

Lepianka proposed ten years of probation. Groeb indicated that completing ten years of probation successfully is a difficult task. “I don’t think I could,” he said. 

Lepianka acknowledged the length of the probation but said Sims is inclined to follow the conditions due to his children.

Groeb went on to tell Sims that he doesn’t think he’s a bad person who will go out and continue crime and that his inclination is to cut him some slack. Groeb said he doesn’t say that often and that he hasn’t lost any sleep over sending thousands of people to prison. Groeb told Sims that he strikes him as someone who is “different,” “somebody who's worth salvaging.” 

Groeb said he’s maybe departed downward half a dozen times in 17 years but agreed to do so in Sims’ case. Groeb said he’d be willing to do three years of probation. 

Leipanka said only three years of probation isn’t enough due to the involvement of a firearm and the public location. 

Groeb commented “You might prove me wrong” if Sims messes up his probation. 

Lepianka indicated that she’d agree to five years of probation, which Groeb said he’d accept with a provision that Sims can apply for early termination after completing half. 

Cianci proposed a withheld adjudication but Groeb declined. 

Lepianka also requested restitution for Williams, a requirement for Sims to enroll in batterers’ intervention, have no-contact with Williams and no hostile contact with K.M., no weapons or firearms, no alcohol/drugs with random screenings and full time employment.

Groeb accepted the terms and administered the re-negotiated plea agreement. 

There is a restitution hearing scheduled for September 24.