KEMP, Texas — The Court of Appeals in the Fifth District of Texas in Dallas affirmed the conviction and sentence of a Kemp man convicted in the murder of his common-law wife in 2014.
KEMP, Texas — The Court of Appeals in the Fifth District of Texas in Dallas affirmed the conviction and sentence of a Kemp man convicted in the murder of his common-law wife in 2014.
On Tuesday, May 19, 2015, a Kaufman County jury found 68-year-old William Simons guilty in the murder of 62-year-old Roxie Whatley Quilter on March 11, 2014, at their Kemp-area home. After less than 30 minutes of deliberation the following day, the same jury assessed a punishment of life in prison.
Simons, a Navy veteran who served two tours in Vietnam, appealed the conviction and sentence with the Court of Appeals in the Fifth District of Texas in Dallas on the grounds the trial court erred in allowing Simons’ previous conviction for assaulting Quilter in 2001 and for failure to submit to the jury instructions on the lesser-included offenses of aggravated assault and manslaughter.
In the memorandum opinion issued by the Court of Appeals on March 16, 2016, Justice Robert Fillmore stated Simons forfeited his complaint on the admittance of prior convictions because he did not properly object during the trial.
In Simons issues regarding the submittal of the lesser-included offenses of aggravated assault and manslaughter, he argues he did not intend to kill Quilter.
During the trial, however, Simons testified he did intend to point his handgun at Quilter during an argument and that the first shot was accidental. Following the first shot, Quilter crawled to the front porch where Simons shot her again before closing the door.
According to an autopsy report and testimony at trial, Quilter was shot two or three times with one of the gunshots possibly passing through Quilter’s hand and re-entering her body resulting in a second gunshot wound.
“Simons testified that, insofar as he knew his handgun could cause death, he knowingly caused Quilter’s death when he fired the handgun at her,” stated the memorandum.
Following the shooting, Simons called several family members and a friend, including the victim’s daughter, to ask for advice before calling 911 and admitting to shooting Quilter.
Simons gave a video statement to detectives which was presented to the jury at trial. In it, Simons said, “I’m guilty … I shot her, just plain and simple.”
“We have resolved Simons’s issues against him. Accordingly, we affirm the trial court’s judgment,” stated Fillmore in his conclusion.
