Timberview HS shooting trial: Testimony continues Monday in punishment phase

A teen who opened fire in a North Texas school, wounding three people, will soon learn how long he will spend behind bars.

On Thursday, a jury found Timothy Simpkins guilty of attempted capital murder for the Timberview High School shooting in 2021.

During the second day of the sentencing phase on Monday, Simpkins' attorneys could present last-minute evidence in an attempt to reduce his sentence.

Prosecutors are pushing for a maximum life sentence, while lawyers for Simpkins are asking for a more lenient sentence. 

On Friday, prosecutors showed new video evidence showing Simpkins committing another crime just 10 days before he shot two students and a teacher at Timberview High School in Arlington.

Prosecutors said Simpkins met someone at an Arlington gas station, let them into his car, but was then robbed and pistol-whipped by that person. 

The state said the video shows Simpkins shooting at the escaping car at least eight times. 

Defendant Timothy Simpkins in court on July 20, 2023.

FOX 4 spoke to criminal defense attorney Russell Wilson, who is not affiliated with the case, about the state's decision to introduce new evidence this late in the trial. 

"This is an independent dangerous action committed close in time to this incident. Because of that, we see you as a greater societal threat and we want to punish you more severely than just based off of the video and the school," Wilson explained.

The defense called several witnesses to the stand, including Simpkins’ mother to speak on his character. They are expected to call more witnesses as the sentencing phase of the trial continues Monday, and they’ll bring up Simpkins. 

He did not take the stand during the first portion of the trial. 

Wilson said the defense will likely try to present evidence that shows Simpkins deserves a second chance. 

"The defense can of course say the youthfulness of the young man, the apparent attack he was enduring at the time, regardless of other incidents, the positive things he’s been able to do, and the contributions he’s been able to make in a positive way," Wilson said.

TRIAL COVERAGE:

A jury found Simpkins guilty of attempted capital murder for the October 2021 shooting.

A student and a teacher were injured by gunfire.  Another student, 15-year-old Zacchaeus Selby  - who was Simpkins’ shooting target - was also injured. 

Cellphone video played during the trial showed Selby starting a violent fight with Simpkins in a classroom. It spilled into the hallway and ended with gunfire. 

Surveillance video from the school district showed the moments when the fight spilled into the hallway. 

The defense argued Simpkins feared for his life and acted in self-defense. 

Though the judge told the jury they were not allowed to consider self-defense as an option during verdict deliberations.

"[The verdict] wasn’t a surprise. Given the gravity of what happened and the location of the incident, that it was likely to be a guilty verdict," Wilson said.

Wilson said Simpkins is facing a broad range for sentencing he could get anywhere from five to 99 years, or life in prison.

After the jury has heard from all the witnesses, they will deliberate and make their decision. 

PREVIOUS COVERAGE:

FOX 4 will stream the sentencing phase of the trial on FOX4News.com and the FOX 4 YouTube Channel.

ArlingtonCrime and Public Safety