Posted 10:08 pm Friday, May 18, 2012
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UPDATE: Cargill Guilty Of Capital Murder
Video Of The Verdict
Video Of Closing Arguments
Updated Friday, May 18, 2012 at 4:19 p.m. CDT
Kimberly Cargill was found guilty of capital murder. The sentencing phase begins Monday, and could include the death penalty.
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Updated Friday, May 18, 2012 at 4:13 p.m. CDT
The jury has emerged from deliberations with a verdict. TylerPaper.com will post it as soon as it is read.
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Updated Friday, May 18, 2012 at 1:26 p.m. CDT
By DAYNA WORCHEL
Staff Writer
An emotional Smith County Assistant District Attorney April Sikes began to cry in her closing statements to the jury this morning as she asked them to think about Cherry Walker, the victim of the accused killer, Kimberly Cargill.
Ms. Cargill, 45, is accused of the June 18, 2010 killing of Cherry Walker. Ms. Cargill, who is charged with capital murder, faces the death penalty if she is convicted of that charge. The jury may also elect to convict her of murder.
“She was not disposable, she was not trash — she had no one to come to her aid but you,” Ms. Sikes said to the jury.
Both Ms. Sikes and Smith County District Attorney Matt Bingham criticized the defendant, who testified in her own defense earlier this week, as being “manipulative, cunning and smart.”
Bingham told the jury that Ms. Cargill was manipulating them with her testimony.
Jeff Haas, defense attorney, said in his closing statements that the bottom line is whether or not the jury can say beyond a reasonable doubt that Ms. Cargill was guilty of the crime.
“You can't convict on speculation,” he said.
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Staff Writer
An emotional Smith County Assistant District Attorney April Sikes began to cry in her closing statements to the jury this morning as she asked them to think about Cherry Walker, the victim of the accused killer, Kimberly Cargill.
Ms. Cargill, 45, is accused of the June 18, 2010 killing of Cherry Walker. Ms. Cargill, who is charged with capital murder, faces the death penalty if she is convicted of that charge. The jury may also elect to convict her of murder.
“She was not disposable, she was not trash — she had no one to come to her aid but you,” Ms. Sikes said to the jury.
Both Ms. Sikes and Smith County District Attorney Matt Bingham criticized the defendant, who testified in her own defense earlier this week, as being “manipulative, cunning and smart.”
Bingham told the jury that Ms. Cargill was manipulating them with her testimony.
Jeff Haas, defense attorney, said in his closing statements that the bottom line is whether or not the jury can say beyond a reasonable doubt that Ms. Cargill was guilty of the crime.
“You can't convict on speculation,” he said.
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Updated Friday, May 18, 2012 at 10:39 a.m. CDT
Smith County District Attorney Matt Bingham told jurors in his closing statements this morning that Kim Cargill was a "master manipulator," who had lied and manipulated the jury when she took the stand earlier this week.
The most important piece of evidence, Bingham said, was Cargill telling a friend "that my mentally challenged babysitter would ruin me."
Defense Attorney Brett Harrison asked the jury about where the proof was that the crime was a homicide and not something else.
The jury is expected to decide guilt/innocence this afternoon.
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The most important piece of evidence, Bingham said, was Cargill telling a friend "that my mentally challenged babysitter would ruin me."
Defense Attorney Brett Harrison asked the jury about where the proof was that the crime was a homicide and not something else.
The jury is expected to decide guilt/innocence this afternoon.
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By DAYNA WORCHEL
Staff Writer
A lesser charge of murder will be included with the capital murder charge against Kimberly Cargill, prosecutors and defense attorneys agreed on Thursday.
The jury, which is expected to decide Ms. Cargill's guilt or innocence after closing arguments this morning, could find the defendant guilty or not guilty of murder instead of capital murder since the lesser charge has been included.
Ms. Cargill, 45, admitted to dumping the body of Cherry Walker, her mentally challenged babysitter on a remote Smith County road on June 18, 2010, and setting the body on fire in testimony on Wednesday.
Ms. Walker had been set to testify against Ms. Cargill in a child custody hearing on June 23, 2010. Ms. Cargill faces the death penalty if she is convicted of capital murder.
Judge Jack Skeen Jr. denied a motion by defense attorneys Thursday for the lesser charge of tampering with physical evidence to be included along with the capital murder charge against Ms. Cargill.
After Skeen denied that motion, defense attorney Brett Harrison asked for the lesser charge of murder to be included with the capital murder charge.
Staff Writer
A lesser charge of murder will be included with the capital murder charge against Kimberly Cargill, prosecutors and defense attorneys agreed on Thursday.
The jury, which is expected to decide Ms. Cargill's guilt or innocence after closing arguments this morning, could find the defendant guilty or not guilty of murder instead of capital murder since the lesser charge has been included.
Ms. Cargill, 45, admitted to dumping the body of Cherry Walker, her mentally challenged babysitter on a remote Smith County road on June 18, 2010, and setting the body on fire in testimony on Wednesday.
Ms. Walker had been set to testify against Ms. Cargill in a child custody hearing on June 23, 2010. Ms. Cargill faces the death penalty if she is convicted of capital murder.
Judge Jack Skeen Jr. denied a motion by defense attorneys Thursday for the lesser charge of tampering with physical evidence to be included along with the capital murder charge against Ms. Cargill.
After Skeen denied that motion, defense attorney Brett Harrison asked for the lesser charge of murder to be included with the capital murder charge.
The defense did not call more witnesses Thursday.
Ms. Cargill and other defense witnesses took the stand Wednesday.
When defense attorneys rested Thursday, Smith County District Attorney Matt Bingham called two rebuttal witnesses: Dr. Richard Ulrich, a neurologist who treated the victim from 2003 to 2009, and Paula Wheeler, Ms. Walker's caregiver.
Ulrich testified that during the time he treated her, the victim would not have seizures as long as she took her anti-seizure medication.
Ms. Cargill and other defense witnesses took the stand Wednesday.
When defense attorneys rested Thursday, Smith County District Attorney Matt Bingham called two rebuttal witnesses: Dr. Richard Ulrich, a neurologist who treated the victim from 2003 to 2009, and Paula Wheeler, Ms. Walker's caregiver.
Ulrich testified that during the time he treated her, the victim would not have seizures as long as she took her anti-seizure medication.
“I have never seen anyone die of a seizure,” Dr. Ulrich said in response to Bingham's questioning.
Medical records Bingham presented in court showed that Ms. Walker had been without her anti-seizure medication for over a month and had no seizures during that time.
Defense attorney Jeff Haas asked Ulrich about the possibility of sudden unexpected death in epilepsy. The doctor replied that it was very rare and had a less than 10 percent chance of happening, but that it is a possibility.
“Sometimes people just die, and no one knows why?” Haas asked.
“Yes,” Ulrich replied.
Ms. Wheeler said the defendant told Ms. Walker that she could “hide out at her house” because she had received the subpoena to testify in the child custody hearing.
In testimony Wednesday, Ms. Cargill said she told Ms. Walker she could “hang out” at her house.
Medical records Bingham presented in court showed that Ms. Walker had been without her anti-seizure medication for over a month and had no seizures during that time.
Defense attorney Jeff Haas asked Ulrich about the possibility of sudden unexpected death in epilepsy. The doctor replied that it was very rare and had a less than 10 percent chance of happening, but that it is a possibility.
“Sometimes people just die, and no one knows why?” Haas asked.
“Yes,” Ulrich replied.
Ms. Wheeler said the defendant told Ms. Walker that she could “hide out at her house” because she had received the subpoena to testify in the child custody hearing.
In testimony Wednesday, Ms. Cargill said she told Ms. Walker she could “hang out” at her house.
