Charges filed against Hardee's shooter

Anthony Levar Sinks, 41, of Cape Girardeau has been charged with first-degree murder and armed criminal action for the shooting death of Derwin Alexander Simmons, 45, of Ohio, according to the Cape Girardeau County prosecuting attorney�s office.

Sinks is claiming it was an act of self-defense.

The incident occurred at approximately 10:39 a.m. Wednesday inside Hardee�s restaurant at 2115 William St. in Cape Girardeau.

According to the probable-cause statement released Thursday, Cape Girardeau County first assistant prosecutor Angel M. Woodruff filed the charges against Sinks.

Woodruff will handle the case for the Cape Girardeau County prosecuting attorney�s office.

The probable-cause statement, signed by Sgt. Darren Estes, stated that the shooting was the result of an escalating domestic conflict between Simmons and Sinks over Sinks� ex-wife and her decision to move to Ohio with their son.

Sinks� ex-wife told Estes that they had a child together, but that she and Simmons had been in an ongoing relationship and she was planning to move to Ohio to live with Simmons, according to the document. Estes wrote that Sinks� ex-wife showed him �a number of text messages she had received from Sinks in early June that illustrated Sinks was very upset about his ex-wife being with Simmons, as well as upset with her plans to move to Ohio with their child.�

Simmons, according to the report, had only arrived in Cape Girardeau on Tuesday for the purposes of assisting her with her move to Ohio.

Sinks, Estes wrote, told the officer that Sinks had known Simmons for about 15 to 20 years. He told the officer he was fine with Simmons dating his ex-wife, but he was very upset that she was moving his son out of the state.

According to the document, Sinks met a friend at Hardee�s, and Simmons was already in the restaurant. He said threats had been made against him in previous exchanges, and when he saw Simmons in the restaurant he went to retrieve his pistol, a .40 caliber.

Sinks told Estes that Simmons saw him re-enter, and while he was waiting to order, �Simmons and his son walked past him.� An argument then ensued, and Sinks said he saw Simmons �reach behind his back,� according to the document, which Sinks interpreted as reaching for a gun.

The report states that after the shooting Sinks laid the gun on a nearby table and called 911.

A bond has been set at $2,500,000. The warrant requires Sinks to wear a GPS monitoring device if the bond is posted.

Editor Bob Miller contributed to this report.