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Indianapolis jurors find man charged with murder not guilty

Victim was found dead in east side house
Posted at 11:43 AM, Aug 28, 2019
and last updated 2019-08-28 11:43:58-04

INDIANAPOLIS—An Indianapolis jury has found a man charged with murder in the shooting death of his friend not guilty.

The verdict came on the second day of trial for 33-year-old Dewayne Sims in Marion County Criminal Court.

Sims was arrested in March of last year after 36-year-old Earl Whitney was found dead inside a home in the 500 block of North Tacoma Avenue, on the city's east side.

According to a probable cause affidavit, a witness told police that Whitney had brought home his longtime friend, Sims. Both appeared to be possibly intoxicated, according to the witness.

At one point in the evening, Whitney reportedly attempted to get Sims to leave. Sims, the witness said, had dozed off. When Whitney tried to rouse him, Sims reportedly said, “Who is you?”

Whitney reportedly responded, “It’s me, cuz” – at which point Sims allegedly shot him. According to the witness, Sims shot Whitney once, paused, then shot him two more times. Sims then fled the residence and was eventually arrested by police.