JACKSONVILLE, Fla. – The Rhode Island man who’s accused of using the word “bomb” during an argument with his travel companion while on a plane will spend at least another week in federal custody.
Evan Sims, 41, faces up to five years in prison for an alleged bomb threat that was made on a plane that took off from Orlando and had to be diverted to Jacksonville last week. His lawyer decided to waive Sims’ right to a detention hearing after Sims entered a no-contest plea to the federal charge last week.
In federal court, Sims appeared upbeat and talkative despite the possibility that he could spend up to five years in federal prison. Lawyers for the prosecution and defense agreed that they’ll return to court next week for a preliminary hearing.
Passengers on Breeze Airlines flight 717 said Sims used the word, “bomb,” while on the plane, but Sims is telling a different story.
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Last week, he told a Duval County judge that he said the word “calm” instead of bomb. He was also flying with his ex-fiancée who had an injunction against him. News4JAX talked to former Federal Prosecutor Curtis Fallgater about the court proceeding.
“If you’re a defense attorney, you might want to continue the detention hearing for one of two reasons. The first would be you’re not quite ready for it, you want to win it, but you don’t have the witnesses, and you’re missing some documents. This gentleman might have some medical history, there might be an expert they want to call to say there were maybe some mental health issues, maybe some alcohol, maybe some drugs [involved], we don’t know,” Fallgater said.
He said that’s what a defense attorney would look for to prepare for the hearing.
Fallgater said it’s also possible that Sims’ lawyer is trying to negotiate a disposition behind the scenes with the prosecutor, which may take some time. He also said as Christmas approaches, the court is more likely to show some grace to a defendant.
Sims is due back in court on Dec. 20.