FORT WORTH, Texas — The trial is underway for a Mansfield Timberview High School student charged with attempted murder from a 2021 shooting.
In all, the Tarrant County District Attorney's Office charged Timothy Simpkins with three counts of attempted capital murder for the incident on Oct. 6, 2021.
Day 1
Simpkins' attorneys did not give an opening statement to the jury when the trial started on the morning of Monday, July 17, at the Tarrant County Courthouse in Fort Worth.
After prosecutors outlined their case during opening statements, they called their first witnesses from a long list of people who could possibly be called to testify in the case.
“I was trying to call for help,” said Mrs. Altman, a Timberview High School English teacher who testified as part of the first round of witnesses for the state. Mrs. Altman pushed through tears on the witness stand talking about a fight between students that led to the school shooting. It happened in her classroom.
Prosecutors are using cellphone video as part of the evidence in the trial against Simpkins.
Altman told jurors that she decided to let student Zac Selby into the classroom despite him arriving late. She also shared that he had not been in class enough to complete a threat assessment evaluation on him. Altman told the court Selby immediately approached Simpkins in the classroom and that’s when the fight ensued, which eventually turned to shots being fired allegedly by Simpkins.
“I was like 'get down, they’re shooting,'” Altman testified. “Then I kind of paused, I was like in shock. It dawned on me that I need to call 911.”
During the fight itself, Timberview coach Dean Boyd responded to Altman’s calls for help. When he arrived in her classroom, Boyd broke up the fight between Simpkins and Selby.
During his testimony, the assistant district attorney called him down from the witness stand to demonstrate for jurors the body language of Simpkins and then how he warned teachers and students.
"He was bouncing around, He grabbed his gun out the waistband, and that is when I said he has a gun, run," Boyd said.
Gunfire left Selby injured and one of their classmates grazed by a bullet.
Prosecutors also put Timberview English teacher Calvin Pettit on the stand to tell jurors about his gunshot wound. Pettit’s classroom is down the hallway from Altman. He also heard her calls for help.
One of the bullets struck Pettit, who went down immediately. He learned about his injury after regaining his composure.
"I leaned against the wall and felt an immense amount of pressure on my back. So I put my hand behind my back, and when I produced my hand it was covered in blood," Pettit said.
Pettit also disclosed to the court that the shooting left him with post-traumatic stress, which has impacted his ability to enjoy his passion for teaching. Despite being rushed to the emergency room after the shooting and undergoing surgery, the bullet that struck him remains lodged in his shoulder for now.
Despite forgoing opening statements, Simpkins' attorneys made repeated objections to testimony from witnesses for the prosecution.
The defense is expected to layout that the shooting stems from Simpkins being bullied at school. But, in court documents, prosecutors wrote Simpkins has a reputation for being the “biggest weed dealer” at Timberview.
Selby is listed to possibly take the witness stand.
There has been no word yet that Simpkins’ attorneys will put him on the stand as part of his defense.
Monday’s testimony ended with statements from the FBI, which also responded to the shooting.
The list of witnesses for the prosecution includes more than 40 local law enforcement personnel, 11 FBI personnel, and at least 40 civilians, which includes teachers and students from Timberview.
Day 2
On the second day of the trial, prosecutors showed jurors the dramatic video of the shooting inside Timberview. The video was difficult to watch and silenced the courtroom as it played.
According to prosecutors, the video shows Simpkins shooting Selby in a hallway after their fist fight.
Prosecution witnesses on Tuesday included students and teachers like coach Jeremy Walker, who ran to an office where he found a frightened co-worker.
"I literally crawled on the floor, she was crying so I heard her. So, I just crawled to her and held hands and we cried together," Walker said.
Student Shaniya McNeely testified about getting grazed by a bullet while running for safety.
"When I was running, I felt a quick flash. It was just a really fast burn and that is when I stopped but a teacher kept telling me we have to go, we have to go," McNeely said.
The prosecution rested its case late Tuesday morning.
Before court resumed in the afternoon, Selby went before the judge. Defense attorneys accused Selby of intimidating a witness and making social posts.
The defense will present its case Wednesday. Defense witnesses will include Selby's former teachers.
Day 3
On the third day of the trial, the defense called one witness, a student who recorded the fight between Simpkins and Selby. Defense attorneys then rested their case.
The trial, however, hit an hours-long delay after defense attorneys challenged what deliberation instructions the judge should give the jury for the charges in this case.
The judge excluded the self-defense argument in the instructions, which means Simpkins' attorneys cannot claim self-defense nor mention it in their closing arguments.
Prosecutors charged Simpkins with attempted capital murder, but the judges' instructions also include an option of aggravated assault.
Closing arguments are expected to begin Thursday morning.