Closing arguments, jurors expected to begin deliberations Thursday in Timothy Simpkins trial

Timothy Simpkins trial day 3

TARRANT COUNTY (CBSNewsTexas.com) -  Jurors are scheduled to begin deliberating in the trial of an accused school shooter Thursday in Fort Worth but will not be able to consider his argument that he fired in self defense.

The claim was key to Timothy Simpkins avoiding a conviction for attempted capital murder, for the shooting at Timberview High School in Arlington in 2021.

Judge Ryan Hill's final instructions to the jury however, did not include mention of self defense. Tarrant County assistant district attorney Lloyd Whelchel argued it should not apply, after video evidence showed Simpkins with a gun, pursuing another student down a school hallway.

Simpkins attorney Marquetta Clayton objected several times to the decision, saying "this is the only defense that he could avail himself of, for this particular offense."

In cross examination of state witnesses, Clayton and attorney Lesa Pamplin had tried to emphasize the violent nature of a fight before the shooting, where Simpkins was attacked by another student, Zacchaeus Selby.

If the jury decides to acquit Simpkins on the attempted capital murder charge, Judge Hill included the option for them to consider aggravated assault with a deadly weapon.

Simpkins faces up to life in prison for the shooting, which in addition to Selby also injured a teacher, Calvin Pettit, and another student, Shaniya McNeely.

Closing argument from attorneys are scheduled to start at 8:30 a.m. Thursday at the Tim Curry Criminal Justice Center in Fort Worth.

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