Posted 4:33 pm Wednesday, May 09, 2012
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UPDATE: Man Who Found Murder Victim's Body Testifies
Updated Wednesday, May 9, 2012 at 4:33 p.m. CDT
Bobby Lewis testified this afternoon that he discovered the body of Cherry Walker on June 19 as he made a U-Turn on Oscar Burkett Road, or CR 2191 in Whitehouse.
Lewis testified that he got of his vehicle to make sure that it was a body and not trash on the side of the road.
Prosecutor April Sikes showed the jury photos of Ms. Walker's partially-burned body as it was found, face down.
Members of Ms. Walker's family, who were present in the courtroom, were visibly upset.
Earlier, Pertena Young, who supervised Cherry Walker's caregiver, testified that Cargill seemed to be threatening her.
Young testified that Cargill told her to go ahead and turn her in to Child Protective Services if she had to.
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Lewis testified that he got of his vehicle to make sure that it was a body and not trash on the side of the road.
Prosecutor April Sikes showed the jury photos of Ms. Walker's partially-burned body as it was found, face down.
Members of Ms. Walker's family, who were present in the courtroom, were visibly upset.
Earlier, Pertena Young, who supervised Cherry Walker's caregiver, testified that Cargill seemed to be threatening her.
Young testified that Cargill told her to go ahead and turn her in to Child Protective Services if she had to.
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Updated Wednesday, May 9, 2012 at 10:13 a.m. CDT
A caregiver who supervised the daily activities of the mentally challenged woman allegedly killed by Kimberly Diane Cargill become emotional during testimony this morning.
Paula Wheeler, who worked for a state agency which provided services for Cherry Walker, said she had loved the 39-year-old like her own child as she began to cry on the witness stand.
Ms. Wheeler said Ms. Walker become nervous and began to shake as she talked about Cargill's plans to take Ms. Walker out to eat on June 18, 2010.
Ms. Walker's partially burned body was found later that day.
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Paula Wheeler, who worked for a state agency which provided services for Cherry Walker, said she had loved the 39-year-old like her own child as she began to cry on the witness stand.
Ms. Wheeler said Ms. Walker become nervous and began to shake as she talked about Cargill's plans to take Ms. Walker out to eat on June 18, 2010.
Ms. Walker's partially burned body was found later that day.
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By DAYNA WORCHEL
Staff Writer
The Whitehouse woman accused of killing her babysitter because she was going to testify against her in a child custody hearing slapped herself in the face and punched her own leg when she learned a friend could not spend the day supervising her visit with her young son.
Bill Selmon, who said he considered Kimberly Cargill, 45, a friend, testified in the second day of her capital murder trial on Tuesday in the Smith County 241st District Court.
The Texas Department of Family and Protective Services had placed the young son of Ms. Cargill in the custody of the defendant's mother. Selmon, who mowed Ms. Cargill's yard at her home in Whitehouse and performed some repair work on the home, testified that he took classes so he could supervise Ms. Cargill's visitation with her son.
“I had never seen her do that before — she hit herself in the leg hard and repeatedly slapped herself in the face. She said ‘you can't do this to me,'” Selmon said, adding that he would have left the vehicle Ms. Cargill was driving if he could have.
Staff Writer
The Whitehouse woman accused of killing her babysitter because she was going to testify against her in a child custody hearing slapped herself in the face and punched her own leg when she learned a friend could not spend the day supervising her visit with her young son.
Bill Selmon, who said he considered Kimberly Cargill, 45, a friend, testified in the second day of her capital murder trial on Tuesday in the Smith County 241st District Court.
The Texas Department of Family and Protective Services had placed the young son of Ms. Cargill in the custody of the defendant's mother. Selmon, who mowed Ms. Cargill's yard at her home in Whitehouse and performed some repair work on the home, testified that he took classes so he could supervise Ms. Cargill's visitation with her son.
“I had never seen her do that before — she hit herself in the leg hard and repeatedly slapped herself in the face. She said ‘you can't do this to me,'” Selmon said, adding that he would have left the vehicle Ms. Cargill was driving if he could have.
Authorities found Cherry Walker's partially burned body along County Road 2191, also known as Oscar Burkett Road, in June 2010 in Smith County. Investigators said Ms. Walker died of “homicidal violence.”
Ms. Walker was set to testify against Ms. Cargill, who faces the death penalty if she is convicted.
Selmon testified, in response to questioning from Smith County District Attorney Matt Bingham, that he called the defendant on June 18, 2010, the day Ms. Walker went missing. He called Ms. Cargill, who said sounded “very upset,” but he couldn't remember what the two discussed.
In testimony Selmon gave, he said the inside of Ms. Cargill's car was often dirty, with so much trash laying on her floor board that he had to sweep it aside before he could ride with her. He said that he and his family went to the Burger King in Whitehouse on June 19, 2010, the day after Ms. Walker went missing, and saw Ms. Cargill, who frequently ate there.
Selmon said that Ms. Cargill's car “was clean and shiny inside and out” and that the defendant “laughed and seemed to be in a good mood.”
Ms. Walker was set to testify against Ms. Cargill, who faces the death penalty if she is convicted.
Selmon testified, in response to questioning from Smith County District Attorney Matt Bingham, that he called the defendant on June 18, 2010, the day Ms. Walker went missing. He called Ms. Cargill, who said sounded “very upset,” but he couldn't remember what the two discussed.
In testimony Selmon gave, he said the inside of Ms. Cargill's car was often dirty, with so much trash laying on her floor board that he had to sweep it aside before he could ride with her. He said that he and his family went to the Burger King in Whitehouse on June 19, 2010, the day after Ms. Walker went missing, and saw Ms. Cargill, who frequently ate there.
Selmon said that Ms. Cargill's car “was clean and shiny inside and out” and that the defendant “laughed and seemed to be in a good mood.”
Selmon also testified that the defendant showed up at the home he shared with his father after police dropped her off at 2 a.m. June 23, saying that the authorities were searching her home. Ms. Cargill told Selmon she did not know why police were searching her home.
Earlier on Tuesday, a woman who became friends with Kimberly Cargill in 2002 after they attended nursing orientation together said the defendant told her she was afraid to have Ms. Walker testify against her in a 2010 custody hearing. Angela Hardin described Ms. Cargill as “very upset” when the two talked on June 18, 2010. Ms. Hardin said when she spoke to Ms. Cargill again June 20, 2010 that she was calmer.
Ms. Hardin, who told prosecutor April Sikes that she was nervous about testifying, described the situation with Ms. Cargill and her babysitter as a “tragedy.”
“One life is lost and another is lost and another is destroyed — some children don't have their mother and some people don't have their daughter.” Ms. Hardin said.
Brett Harrison and Jeff Haas are representing Ms. Cargill. Testimony continues today.
Earlier on Tuesday, a woman who became friends with Kimberly Cargill in 2002 after they attended nursing orientation together said the defendant told her she was afraid to have Ms. Walker testify against her in a 2010 custody hearing. Angela Hardin described Ms. Cargill as “very upset” when the two talked on June 18, 2010. Ms. Hardin said when she spoke to Ms. Cargill again June 20, 2010 that she was calmer.
Ms. Hardin, who told prosecutor April Sikes that she was nervous about testifying, described the situation with Ms. Cargill and her babysitter as a “tragedy.”
“One life is lost and another is lost and another is destroyed — some children don't have their mother and some people don't have their daughter.” Ms. Hardin said.
Brett Harrison and Jeff Haas are representing Ms. Cargill. Testimony continues today.
