The Commission on Capital Cases updates this information regularly.  This information; however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

 

Simpson, Jason (W/M)

DC#    301898

DOB: 05/25/73

 

4th Judicial Circuit, Duval County Case # 02-CF-11026

Sentencing Judge: The Honorable Charles W. Arnold

Attorney, Trial: Refik Eler and Chuck Fletcher – Public Defender’s Office

Attorney, Direct Appeal: Frank J. Tassone, Jr. – Private

Attorney, Collateral Appeals: Sonya Rudenstine – Registry

 

Date of Offense: 07/15/99

Date of Sentence: 03/29/07

 

Circumstances of Offense:

 

On March 29, 2007, Jason Simpson was sentenced to death for the 1999 double ax-murders of Archie Crook, Sr. (38) and Kimberli Kimbler (29).  Simpson, then a confidential informant for Jacksonville police, was known to the couple through Crook, Sr.  The two men had been previously involved in the sale of illegal drugs.  Kimbler was seven months pregnant with the couple’s first child at the time of the murders.

 

The victim’s son, Archie Crook, Jr. and his friend Shawn Smallwood, were the last people to see the couple alive.  The two men had visited the couple the night before in order to cash a check.  Around 1:00 a.m. on July 16, 1999, Crook and Kimbler were attacked with an ax as they slept in their bed.  The bodies of the two victims were found later that morning by Crook’s father, Clyde Crook, when he entered the home through an unlocked side door.  Crook then called his friend, Christopher Howard, to meet him at the scene.  The two men then called Jacksonville police.  That morning, detectives located the ax used in the murders, containing DNA from both victims, in the victims’ backyard.  The detectives also found, hidden behind an air-conditioning unit on the property of a church near the home, a sweatshirt, a pair of sweatpants, shoes, and a hat.

 

Crook, Sr. and Kimbler died as a result of chopping wounds to the head and neck.  Several blows were inflicted upon Crook, Sr.’s face and neck, breaking his jawbone and severing his carotid artery.  Kimbler received multiple blows on the head and neck, ultimately breaking two vertebrae in her neck.  Defensive wounds found on both victims indicate that they attempted to fend off the intruder.

 

Around 8:00 a.m., Detective Hinson, a Jacksonville detective who had been using Simpson as a confidential source, heard about the murders and, recognizing the address, attempted to contact Simpson by pager.  Simpson responded to Detective Hinson’s pages around noon.  When Detective Hinson questioned Simpson, he told Hinson that Crook, Sr. and his son had been aware Simpson was informing for police and had been telling their mutual acquaintances.  When confronted with photographs of the recovered clothes, he denied that they were his and denied being involved in the murders.  At that time, there was no evidence to link him to the crimes.

 

In November of 2001, Simpson was asked by Jacksonville Detective Bialokowski for his assistance with the then-unsolved Crook and Kimbler murders.  In response to this request, Simpson denied knowing the couple.  On August 14, 2002, Jacksonville Detective Gilbreath received DNA test results from the recovered articles of clothing, and on September 4, 2002, he interviewed Simpson.  Kimbler’s DNA was found on the sweatpants, sweatshirt, and shoes.  Crook, Sr.’s DNA was found on the sweatpants.  Simpson’s DNA was found on the sweatshirt and sweatpants along with 2 of his hairs.

 

Apart from the forensic evidence linking Simpson to the murders, a witness came forth at time of trial to testify against Simpson.  Michael Durrance, a seven-time convicted felon, testified that Simpson had confessed to the murders.  According to Durrance, Simpson boasted about sneaking in through the laundry room window and striking the couple with an axe.  Durrance had withheld this evidence from Jacksonville police until he thought he could use the information in exchange for leniency in his own case.

 

Additional Information:

 

At the time of Simpson’s trial, Durrance had received no leniency from the State in exchange for his testimony.

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

11/04/1993

BURGLARY,ARMED W/EXP. OR WEAPO

02/28/1994

COLUMBIA

9300738

3Y 0M 0D

11/04/1993

BURGLARY,ARMED W/EXP. OR WEAPO

02/28/1994

COLUMBIA

9300709

3Y 0M 0D

11/04/1993

BURGLARY,ARMED W/EXP. OR WEAPO

11/17/1999

COLUMBIA

9300709

5Y 0M 0D

11/04/1993

BURGLARY,ARMED W/EXP. OR WEAPO

11/17/1999

COLUMBIA

9300738

5Y 0M 0D

 

 

Trial Summary:

 

12/05/02          Indicted as follows:

                                    Count I:           First-Degree Murder (Archie Crook, Sr.)

                                    Count II:         First-Degree Murder (Kimberli Kimbler)       

01/29/07          Jury returned guilty verdicts on all counts of the indictment

02/06/07          Jury recommended death by a vote of (Ct. 1) 8-4, (Ct. 2) 9-3

03/29/07          Sentenced as follows:

                                    Count I:           First-Degree Murder (Archie Crook, Sr.) – Death

                                    Count II:         First Degree Murder (Kimberli Kimbler) – Death     

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 07-798

3 So.3d 1135

 

04/30/07          Direct Appeal filed

12/03/08          Oral Arguments held

02/12/09          Convictions and sentences affirmed

02/25/09          Motion for Rehearing filed

03/27/09          Rehearing denied

04/15/09          Mandate issued

04/15/09          Corrected Mandate issued

 

United States Supreme Court – Certiorari Petition

USSC# 08-10414

130 S.Ct. 91

 

05/11/09          Petition filed

10/05/09          Petition denied

 

State Circuit Court – 3.851 Motion

CC# 02-011026

(Pending)

 

10/01/10          Motion filed

 

Factors Contributing to the Delay in Imposition of Sentence:

 

There have been no undue delays at this time.

 

Case Information:

 

On 04/30/07, Simpson filed a Direct Appeal in the Florida Supreme Court, citing the following issues: (1) the trial court erred in not granting a mistrial and/or requesting the jury to deliberate further in appellant’s case when a juror recanted her guilty verdict before evidence was presented in the penalty phase, violating appellant’s Fifth, Sixth, and Fourteenth Amendments of the U.S. and Florida Constitutions; (2) the trial court erred when it denied defense counsel’s motion to exclude the public from the courtroom during Juror Cody’s testimony as to why the guilty verdict was not hers; (3) the trial court erred in allowing the jury to proceed to the penalty phase of appellant’s trial after hearing testimony from a juror that the previous guilty verdict was not hers; this allowed the jury to proceed with the penalty phase was in violation of appellant’s Fifth, Sixth, and Fourteenth Amendment rights of the U.S. and Florida Constitutions; (4) the trial court erred in not granting defendant’s motion for a jury interview when a juror on appellant’s case recanted her previous guilty verdict before the jury proceeded to the penalty phase of appellant’s trial; said error was in violation of appellant’s Fifth, Sixth, and Fourteenth Amendment rights of the U.S. and Florida Constitutions; (5) the trial court erred by not making a definitive ruling on defendant’s “motion for pre-trial ruling on admissibility of ‘reverse’ Williams rule evidence,” thereby not allowing defense counsel to address relevant impeachment information pertaining to state witnesses which prejudiced appellant at trial; and (6) the State committed prosecutorial misconduct in the guilt and penalty phase closing arguments at trial, entitling appellant to a new trial.  Oral Arguments were held on 12/03/08.  On 02/12/09, the Florida Supreme Court affirmed Simpson’s convictions and death sentences.  On 02/25/09, Simpson filed a Motion for Rehearing, which was denied on 03/27/09.  On 04/15/09, the Florida Supreme Court issued a mandate in this case.  On 04/15/09, a corrected mandate was issued with the proper Circuit Court case number.

 

On 05/11/09, Simpson filed a Certiorari Petition in the United States Supreme Court.  This petition was denied on 10/05/09.

 

Simpson filed a 3.851 Motion in the Circuit Court on 10/01/10. This motion is currently pending.

 

________________________________________________________________________

 

Report Date:   02/23/09          AEH

Approved:       02/24/09          RM

Updated:         10/12/10          EMJ