Attorneys for a former Timberview High School student convicted of attempted capital murder reached a deal with prosecutors Thursday on new charges related to the 2021 shooting.
Timothy Simpkins, 20, pleaded guilty to one count of unlawfully bringing a weapon to a school in the days leading up to the Oct. 6, 2021 shooting of fellow student Zacchaeus Selby. He鈥檒l serve two years running concurrently with his 12-year sentence.
In addition to the new weapon charge filed in August, Simpkins was also newly indicted in April for aggravated assault with a deadly weapon against teacher Calvin Pettitt and two other students at Timberview that day. Those other new charges were dismissed as part of the deal.
Attorney MarQuetta Clayton said the defense got everything they wanted from the deal but called the renewed prosecution a waste of taxpayer dollars.
鈥淚t takes money to put this type of case on,鈥� she said. 鈥淎nd all for what? For what? He鈥檚 going back there, nothing鈥檚 changed.鈥�
Simpkins was sentenced to 12 years in prison last July for shooting during a classroom fight. He was also tried for Pettitt and another student's injuries as part of that case 鈥� Pettitt was struck by a bullet and a student was grazed. All victims have recovered, but Pettitt testified last year the bullet was still in his chest.
The jury did not convict on those charges in the first trial, and Tarrant County Judge Ryan Hill dismissed the refiled charges involving those two on Tuesday because of double jeopardy, which prohibits multiple prosecutions for the same offense.
The Tarrant County District Attorney's Office then amended the indictment to include two additional people instead, but Hill also struck that down.
According to testimony and video evidence, Simpkins got into a fight that appeared to be started by Selby. After teachers broke up the fight, Simpkins pulled out a gun and fired at Selby as students fled.
Ahead of Thursday's hearing, Pamplin鈥檚 co-counsel MarQuetta Clayton filed a pair of motions to try and have the case thrown out. Among them was a motion to dismiss because of vindictive prosecution.
In court records, she accused Assistant Criminal District Attorney Rose Anna Salinas of "berating" the jury after the trial ended for sentencing Simpkins to 12 years in prison 鈥� he faced a life sentence. Three days after an alleged conversation with prosecutors about Salinas鈥� conduct, the August indictments were filed.
During the sentencing phase of Simpkins鈥� trial, prosecutors showed the jury video of a September 2021 confrontation at a RaceTrac convenience store in which Simpkins was robbed and pistol-whipped. In the video, attorneys identified Simpkins as the person shooting at attackers fleeing the scene in a vehicle.
That robbery was allegedly tied to Selby鈥檚 brother Isaiah and another person referred to as 鈥淎nt.鈥� Phone evidence showed Simpkins appeared to text his friends he would 鈥渒ill em both鈥� and searched the internet for any news reports on the incident.
For that shooting, Simpkins faces a count of aggravated assault and two counts of deadly conduct.
Prosecutors said at trial the evidence proved Simpkins had planned to shoot someone at Timberview the next week.
Simpkins testified he鈥檇 just been acting out of fear and anger. His lawyers had argued he shot Zacchaeus Selby in self-defense, but Hill denied the request that self-defense be included in the jury charge.
"Those two weeks, those searches, messages 鈥� it's not me, it's not who I am," he said. "If they knew me or even had a conversation with me, they'd know that's not me."
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