In a 911 call and police statement recorded early Sept. 28, 2008, soon after Charity Spickler was gunned down in a Lewisburg apartment, Roderick Sims admitted shooting her in the head because he was angry at her for lying to him.

Although Sims has since claimed in an interview with The Daily Item that he was drunk when he accidently shot and killed Spickler, his 27-year-old estranged fiancee, Lewisburg police Sgt. Fred Hetrick Jr. testified at a pretrial hearing in Union County Court Friday that there was no evidence he was impaired.

“I didn’t detect any alcohol and his actions weren’t consistent with impairment,” said Hetrick, who spoke to Sims on the telephone for 30 minutes immediately after the shooting at 55 S. Water St. and took him into custody.

Sims, 47, is charged with an open count of criminal homicide.

Defense attorneys William J. Miele and Edward “E.J” Rymsza, of Williamsport, are seeking to suppress the 911 call and taped statement Sims gave to police following the shooting on the grounds that he was unaware he was being recorded.

District Attorney D. Peter Johnson argued that it’s common knowledge that 911 calls are recorded, but Judge Louise O. Knight said she couldn’t automatically rule in his favor.

“As I was listening to the tape I didn’t hear the beeping sound” or an audible alert normally heard during taped calls, she said.

Some of the telephone call between Sims and Hetrick was interrupted by other calls to 911 and Miele asked the police officer if Sims ever said the shooting was accidental.

Hetrick said he couldn’t recall.

Miele asked Hetrick why he had blood drawn from Sims and tested if he didn’t believe he was under the influence of alcohol or drugs.

“To cover my bases,” Hetrick replied. “You can be under the influence and exhibit no signs.”

The dramatic 911 call made at 12:03 a.m. Sept. 28, 2008, begins with Sims telling an unidentified Northumberland County dispatcher, “I just shot my fiancee in the head.”

The call was transferred to Union County 911 Center and dispatcher Kevin Dozpat took over.

Sims repeated the same information four minutes later.

“I just shot my fiancee in the head. I’m in the bedroom with a gun to my head,” he said, describing the weapon as a .38 revolver