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Thread: Kimberly Diane Cargill - Texas Death Row

  1. #1
    Administrator Heidi's Avatar
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    Kimberly Diane Cargill - Texas Death Row

    Cherry Walker

    Woman indicted in death of babysitter

    A Smith County woman has been indicted for the death of her son's babysitter.

    Kimberly Cargill was indicted by a Smith County Grand Jury last week.

    Smith County deputies say the 43-year-old killed Cherry Walker to stop her from testifying in a custody hearing.

    Walker's burned body was discovered on a Smith County road, just south of Tyler, off of Paluxy Road.

    Cargill now faces a capital murder charge and could face the death penalty.


  2. #2
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    State will seek death penalty against woman charged with killing babysitter

    Smith County prosecutors will seek the death penalty against Kimberly Diane Cargill, 44, who appeared in the Smith County 241st District Court today for a pretrial hearing on charges of capital murder threat by terror threat/other felony.

    Ms. Cargill is accused of killing Cherry Walker, a mentally challenged babysitter of her 4-year-old son, and setting her body on fire in June of 2010. Ms. Walker, 29, was scheduled to testify in a child-removal hearing in which state officials were to present police reports containing child abuse allegations against Ms. Cargill.

    Cherry Diane Walker's body was found June 19, 2010, when authorities said a passing motorist saw the body on County Road 2191, also known as Oscar Burkett Road, and called 911 shortly after 3 p.m. that day.

    The defendant has been held in the Smith County since June 24, 2010, on bonds which total $1.5 million.


  3. #3
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    Cargill murder trial begins

    The murder trial for Kimberly Diane Cargill, 45, who lived in the 1800 block of Waterton Circle in Whitehouse, started Monday in the 241st District Court in Tyler.

    Cargill is accused of killing her babysitter, Cherry Walker, 39, in June 2010, after Walker received a subpoena to testify in a child custody case that involved Cargill.

    Smith County Attorney Matt Bingham is seeking the death penalty. Judge Jack Skeen Jr. will officiate over the trial, which is expected to last as long as six weeks. Jurors were presented with forensic evidence and testimony this week.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #4
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    Kimberly Cargill Trial Day 5

    Before the jury is brought in, the defense and prosecution question two detectives about who was instructed to set up on Cargill's home until the search warrant was executed.

    Defense: Who instructed a Smith County deputy to be in the area of Mrs. Cargill's house ready to make a traffic stop?

    Detective: I don't know

    Detective says two deputies went to Cargill's home to ask for consent to search before they got the search warrant.

    Defense goes back to the traffic stop. "That's a coordinated effort." Cargill left her house one evening after the alleged murder and was stopped by a deputy for rolling through a stop sign. According to attorneys, Cargill's car, cell phone and purse were detained during the traffic stop. Cargill was issued a warning and told she could leave but couldn't take her belongings. Defense continues to ask the detective if anyone was working on issuing a search warrant at the time Cargill was pulled over.

    The defense has filed a motion to suppress.

    The state argues that there is no evidence any law enforcement official searched Cargill's vehicle without a warrant. And the state argues, under the automobile clause, the officer who stopped her had probable cause to search the vehicle without a warrant but still didn't. The state says law enforcement was being proactive because they didn't know if Cargill had loaded her car up with evidence and was headed out to destroy it when they stopped her.

    Court determines the traffic stop, detention of the vehicle and its contents as well the search of the vehicle were all lawful. Judge Skeen denies the defense's motion to suppress evidence collected from the vehicle.

    Noel Martin is brought back to the stand to talk about the search of Cargill's vehicle. He says when searching a vehicle everything is photographed numbered and very carefully documented. Martin says when he first saw the vehicle at the impound lot, there were no signs that the integrity of the vehicle has been compromised.

    Martin says inside the car he found a single black hair on the passenger's seat headrest.

    State and Martin draw a head rest and point out where the hair was located. The state shows the jury a large blown up photo of the hair.

    State shows the jury blown up photos of the inside of Cargill's car. There are about 3 different fast food bags and cups, some trash and her purse sitting in the passenger seat.

    State says they want to go back to some photos taken from inside the residence of Cargill.

    Martin says he noticed most of the door handles to the rooms were broken.

    State shows the jury photos from Kimberly Cargill's bathroom. There is a Chick Fil A cup on the bathroom counter. State asks Martin if the straw wrapper found by Walker's body was a Chick Fil A straw wrapper. He says it was.

    State and Martin begin unsealing evidence that was collected from Cargill's vehicle.

    State asks Martin to unseal a swab taken from the driver's side back passenger door handle.

    State continues to go over evidence taken from the vehicle.

    State calls next witness. Huma Nasir takes the stand. Nasir works in a private accredited DNA forensics laboratory. She explains what she does at the lab and the precautions they take to make sure new DNA is never introduced to an item.

    Nasir says because she works with a private lab they often do not know the facts of the case because they are not working directly with law enforcement. She says her lab is brought evidence and told what type of testing to conduct and that's often extent of the information given.

    15-minute break

    Nasir begins to talk about comparing DNA profiles to decide if certain DNA came from a certain person or did not come from a certain person. In criminal cases this helps include or exclude suspects and victims.

    Nasir says in their testing, they could not exclude Cargill.

    State has Nasir draw a diagram depicting where DNA is found within cells. Nasir explains that mitochondrial DNA testing was used in Walker's case. She explains this testing is used on hairs that don't have a root because the nucleus of a hair is located in the root. She also explains the mitochondria can be easier to test because there are multiple mitochondria within a cell but there's only one nucleus. She says the downside to this type of testing is that you can't identify someone individually because mitochondrial DNA is shared among the maternal lineage so people on the maternal side will have the same mitochondrial DNA.

    State begins going over items in evidence with Nasir.

    Nasir explains the screening process to determine if there is any DNA to be tested.

    The coffee creamer found at the crime scene was submitted for skin cell testing to see who had touched it.

    Nasir says its possible to get multiple results of multiple people touching a object because every time someone touches an object they deposit some skin cells there.

    Nasir was able to obtain a partial profile from the dairy fresh creamer at the crime scene but it wasn't enough DNA to tell much. So, Nasir says she did a more specific test called a mini SDR test. With that test she was able to get a profile of two people. She says Kim Cargill could not be excluded as a contributor. State implies the other profile likely came from the person at Burger King who handed the creamer to Cargill. Nasir says neither of the two profiles on the creamer were more present than the other.

    Nasir says they do a series of calculations from the journal of forensic science to see what the likelihood someone other than Kim Cargill could also not be excluded from touching the creamer. He explains how forensic science comes up with statistics like these.

    Nasir said the calculations showed that 1 in 226,000 people could have a DNA profile that matched the DNA on the creamer and Cargill couldn't be excluded as the 1. State says there are less than 226,000 people in Smith County. State asks if Nasir's statistics take into account the fact that Cargill new the victim who was laying dead where the creamer was found. Nasir says no. State asks Nasir's statistics take into account the fact that Cargill had called the victim the night she went missing and told her she was coming over to pick her up. Nasir says no.

    Defense passes the witness.

    Defense asks Nasir if the results should stand alone. She says they should and they do. She says her conclusions are based on her testing and her testing only.

    Recess for lunch

    The state calls the next witness, Romy Franco, a colleague of Nasir's. Franco has a bachelor's degree from Texas A&M and a Master's degree from The University of North Texas.

    Franco performed tests on evidence collected in this case. She begins explaining the protocol for running mitochondrial DNA testing on a hair with no root. Franco was given a blood card with Walker's DNA on it. Franco says she ran mitochondrial DNA testing on that blood card, too.

    Franco says, according to testing, Cherry Walker couldn't be excluded as the owner of the hair found in Cargill's car. Franco says they found that hair could have belonged to 8 in 1305 individuals. Franco says Walker's mitochondrial DNA couldn't have been a better match to the mitochondrial DNA found in Cargill's car.

    Defense asks Franco some of the same questions asked of Nasir-- if the tests are meant to stand alone. Franco says they stand alone as far as she is concerned.

    Witness dismissed. State recalls Nasir.

    Nasir discusses statistics regarding the hair found in Cargill's car. She says 98% of black people are excluded from being the owner of the hair found in Cargill's car. Nasir says they are told to be more conservative in their conclusions-- in other words, they're told to give leeway toward the defendant in a criminal trial.

    State calls Smith County Deputy Theresa Smith. Smith has worked for Smith County for six years, patrolling for two years.

    On June 22, 2010 Smith stopped Cargill for failing to come to a complete stop at a stop sign. She says at the time of the stop she did know Cargill was a suspect in a capital murder case. Smith said she had been instructed to follow Cargill but Smith couldn't stop her until she made some kind of violation.

    Pass the witness

    Defense says, "You told Mr. Bingham you were following Mrs. Cargill but that's not accurate, is it?"

    Smith says she was parked away from the stop sign when she saw Cargill. Smith says she was instructed to follow Cargill until she could stop her. Defense asks about dash camera video of the stop. Smith says there is none because her system was broken. Smith says she was instructed to give Cargill a ride home. While they were in the car Cargill got on her cell phone. Smith says she was instructed to take Cargill's phone. Cargill was speaking to her attorney, Brett Harrison, when Smith took Cargill's phone away.

    Witness passed back to the State.

    State calls next witness detective Jeremy Black. Detective Black says he has worked for Smith County for 12 years.

    Detective Black says he was instructed to sit in front of Cargill's house to watch for anyone who was coming or going. He says he knew warrants were being worked on but he didn't know if they were for the car, house or both. Black says he saw Cargill leaving her house. She pulled up to the vehicle detective Black was in and asked if he was looking for someone or if she needed to call her lawyer. After she drove off deputy Smith pulled Cargill over at the stop sign. Detective Black says he stayed with the vehicle waiting for the warrants. Black says after a short time Lt. Tony Dana relived him at the scene of the car.

    State passes the witness

    Defense asks if the detectives all arrived at Cargill's residence together. Black days they did not.

    Defense: Did you see Mrs Cargill leave her residence in her vehicle?

    Defense asks how long after the detectives knocked on Cargill's door she left her residence. He says about two hours.

    Detective Black goes over what happened at the traffic stop.

    Defense asks if he was aware of any search warrants being drawn up for the vehicle or the house. He said he wasn't sure.

    Lt. Tony Dana takes the stand and talks about going to relieve Detective Black and guard the car until it could be taken into evidence.

    State calls next witness Ryan Smith. Smith worked for the city of Whitehouse answering calls for police, water, utility and animal control.

    Smith says he met Cargill through a number of CPS calls. The defense objects to this question/answer and the jury is told to disregard that.

    Smith says on 6/19/10 Cargill came into office asking about a lost dog. He says this was their first conversation about a missing animal.

    State plays a video for the jury of Cargill in the police station asking about her missing dog. The dog, Oreo, had been missing for about two months. While at the station Cargill asks Smith if they've been slow that day. He says the statement didn't stand out to him at the time, but now knowing just hours later a body would turn up and Cargill would be considered a suspect, it does seem more significant.

    Defense has no questions for Smith.

    State calls Forrest Garner to the witness stand. Garner was married to Cargill in 2005 for less than a year.

    Garner and Cargill had one son, the son Cherry Walker babysat. Garner and Walker lived in the same apartment complex but he had no idea who Walker was.

    Garner goes over some of the dealings with CPS regarding Kimberly and their son.

    James Cargill, Kim's former husband, takes the stand. He says he was married to Cargill June 1993-December 1995.

    Mr. Cargill and the state go over Cargill's phone records showing her attempts at calling him on June 18.

    Mr. Cargill says they are not friends.

    Kim Cargill attempted calling Mr. Cargill about 10 times all throughout the day but he says he never spoke with her. He says he did not want to answer those calls and for her to call that much is not abnormal. The state starts going over text messages from Kimberly Cargill. Her texts ask him to call her but he did not call her.

    Mr. Cargill says she called him wanting to know if he'd been subpoenaed for the CPS hearing. Mr. Cargill found the call strange because he hardly ever talked to her.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5

  6. #6
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    UPDATE: State rests in Smith Co. murder case

    The State has rested in the capital murder case against Kimberly Cargill. Prosecutors say Cargill killed her son's 39-year-old babysitter Cherry Walker because Walker was planning on testifying against her in a child custody hearing.

    Doctor Meredith Lann took the stand Tuesday, answering hours worth of questions. She was working at Southwest Forensics in Dallas in 2010 and was assigned to Cherry Walker's autopsy.

    "The linings which cover her eyes, the conjunctiva, had small hemorrhages in them," Lann said. "And when I see those little bleeds in the membrane, I wonder."

    She wondered because that can be a sign that someone's been smothered or strangled. It can also happen naturally as a body decomposes, but Lann found other things that were not natural.

    "Small, very dry, tan perry-abrasions on her forehead, the prominences of her nose and her cheeks," she said.

    The cuts on her face brought up an interesting point because the State believes Cargill took Walker's body out of the car and dragged in along the ground before she put it in the final resting place where it was found. Lann believes the light scuff marks are evidence that Walker was dragged across the ground on a sheet of fabric.

    "That might not leave a mark," Lann said. "That's what I was thinking."

    Investigators found a wet sheet in Cargill's washing machine that the state says corroborates Lann's opinion, but the defense tried to poke holes in Lann's theories.

    "Mr. Bingham was asking you a lot of questions about scuff marks and grade," Attorney Jeff Haas said. "That's not really your forte is it?"

    Lann said it was not.

    Haas asked whether bruising on Walker's chest could have been from CPR, and Lann said yes. He asked if it was possible that Walker had died from a seizure--because she had a history of them--and Lann said she didn't know.

    But she said all of that information went into her decision and she stands by it.

    "The only cause of death that I could ever explain would be a violent means driven by the manner of homicide," Lann said.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #7
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    Defense rests; closing arguments Friday

    Kimberly Cargill's defense rested in Smith County court this morning. The jury has been sent home for the day, and will return Friday morning, when closing arguments will begin.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #8
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    Jury finds Kim Cargill guilty of capital murder

    The jury has found Kim Cargill guilty of capital murder in the death of Cherry Walker, her son's babysitter.

    The sentencing phase starts 9 a.m. Monday and could include the death penalty.

    District Attorney Matt Bingham asked that Cargill's bond be increased. Judge Jack Skeen Jr granted the motion for the bond increased to $5 million.

    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #9
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    The sentencing phase for Kimberly Cargill will continue Tuesday. On Monday Kimberly's own mother and sister took the stand to testify against the convicted murderer.

    Read more updates on http://www.kltv.com/story/18582070/s...-cargill-trial

  10. #10
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    Seems to me that she isnt a nice person

    Day 2 of sentencing phase in capital murder trial of Kimberly Cargill

    TYLER (KYTX) - Detective Noel Martin with the Smith County Sheriff's Department was the first witness called Tuesday in the sentencing phase of Kimberly Cargill's capital murder trial. Cargill was convicted of capital murder Friday in the 2010 death of Cherry Walker. Walker was Cargill's son's baby sitter and was prepared to testify against Cargill in a child custody case.

    Martin is a fingerprint expert who identified fingerprints from several law enforcement agencies and relating to several crimes over the years as belonging to Cargill.

    Bingham presented various affidavits describing assaults and property damage crimes for which Cargill had been convicted. The records also showed Cargill's failure to comply with court orders in those cases, including probation violations.

    The next witness called was Johna Booker, who taught one of Cargill's sons. She said they met at the parent-teacher night in the fall of 2009.

    She described Cargill and her son waiting in a line to meet her when she noticed them. She went to introduce herself to them and found Cargill's behavior to be off-putting.

    "First she started answering his questions for him," Booker said. "And when I would try to ask him another question she said 'I'm talking to you.' She emphasized the 'I'm.'"

    Booker said she decided at that point to engage Cargill in conversation and said they spoke for a while. She said Cargill also had her younger son with her. Booker described the younger son running around the room and said Cargill grew tired of it and grabbed his arm, jerking him back to her.

    "It was inappropriate," Booker said. "It was more forceful than was needed."

    Booker said she was concerned throughout the school year that Cargill's son might be being abused.

    "He would come to school with various bruises," Booker said. "He would wear long-sleeve shirts when it was warm outside. When I would hug him he would stiffen or pull away."

    Booker described a specific incident in which Cargill's son had a visible bruise. She said when she asked him about it, his story for how he got it was not believable.

    Booker said Cargill did not come to school often, but they spoke frequently on the phone. She said it was usually about grades, and that Cargill would demand additional work be sent home whenever her son made a grade lower than a 96. Booker said she was concerned that Cargill would work her son too hard if given the opportunity and refused to send home the extra work.

    Bingham asked if Booker noticed a difference when Cargill's son spent time with his father and away from his mother. She said she did.

    "He was much more relaxed about his grades," Booker said. "Before, he would almost come unglued if he made an 80-something on an assignment."

    Bingham asked if Booker would have been frightened to be Cargill alone. She said she wasn't scared for her physical safety but knew that she would have to be firm with Cargill.

    On cross-examination, defense attorney Jeff Haas asked how long ago these incidents happened. Booker said it was two years ago, over most of a year.

    Haas asked if Booker was telling the jury that Cargill caused her son's bruises. She said she could not be sure.

    On re-direct, Smith County District Attorney Matt Bingham asked whether Cargill's confrontational attitude was limited to Booker. She said it was not limited to her.

    Booker said she does believe Cargill caused her son's bruises. She said she believes the counselor from her school reported the bruises to Child Protective Services.

    Bingham asked Booker to describe a series of emails between herself and Cargill. Booker said she missed an email from Cargill while away from school on personal time. She said Cargill sent another email berating her for not responding.

    Bingham called Tracey Carter, another teacher from Cargill's son's school. She talked about the same parent-teacher night that Booker referred to.

    "She came in very agitated that night. She said she was didn't have time and was having to meet four teachers," Carter said. "Toward the end of the night she came back to my classroom and was upset because someone had stepped around her in line in another classroom."

    Bingham asked whether Carter saw Cargill with her younger son that night. Carter said she did.

    Carter said she was also concerned about Cargill's son's bruises, and that his explanations for them were implausible.

    She said she touched him on the shoulder from behind and that he jumped or flinched in response. She said he did not appear happy, typically.

    Carter listed several other teachers who had concerns about Cargill.

    Defense Attorney Brett Harrison asked whether Cargill's ability to go from being "sweeter than sugar one minute to madder than a hornet the next" was upsetting to Carter. She said it was.

    Barbara Chamberlain was the next witness. She said her step grandson, Matt Robinson, was Cargill's boyfriend at one time, and that she hadn't seen Cargill since 1999.

    Bingham asked if Cargill had ever assaulted Chamberlain. She said Cargill had gotten angry once after Chamberlain found some wet photos in the yard and brought them in to try to dry them out.

    "She walked up, saw thee pictures and said 'What the hell are you going with these pictures of my husband?'" Chamberlain said. "She grabbed my left arm and twisted it. She jumped on top of me but I kicked her off of me. She said 'Don't you know I'm pregnant?' and I said 'you may not be now.'"

    Chamberlain said she was shocked not only because of the severity of Cargill's actions, but because she barely knew her. She said Cargill never apologized.

    Haas asked Chamberlain how long she had lived in Panola county. She said it was about 16 years in total. He asked when the last time was that Chamberlain saw Cargill.

    "I guess it was when she left the house that day, after she jumped me," Chamberlain said.

    "The real fight was about the pictures that day, wasn't it?" Haas said.

    "Yes sir," Chamberlain said.

    "Did you ever figure out what the big deal was about those pictures?" Haas said.

    "No sir," Chamberlain said.

    Bingham asked whether Chamberlain thought Cargill twisted her arm to get the picture or to hurt her.

    "It was to hurt me," Chamberlain said.

    "Did you know she was on probation at that time for kicking another woman in the stomach?" Bingham said.

    "No sir," Chamberlain said.

    One of Cargill's ex-husbands Mike West was the next witness.

    West said he has a 21-year-old son, David, with Cargill. They were married in 1988 and divorced in 1993. David was born in 1990.

    Bingham asked what Cargill was like when she was dating West, prior to their marriage. He said there were several violent instances prior to their marriage.

    "Things were broken," West said.

    West described Cargill's temper as volatile and said it was tough to know what would anger her.

    "You never could judge how she might react," West said. "[Her anger] was explosive, and not progressive."

    West acknowledged that he was partly to blame in some of the fights they had. He said she always took it to an extreme.

    "I don't remember what happened one day, but we had a car in the garage and she got angry, got in the car and ran it into the workbench in front of it that was attached to the wall," West said. "It shifted the whole wall back several inches."

    West described another incident in which Cargill kicked in the door at his father's house after she got mad during a custody exchange of their son.

    Bingham showed a photo of West and Cargill's son, which West identified as being a school picture from when his son was in third grade. He also showed a letter written by David after a visit with his mother.

    West said it was standard at the time for David to write down what happened during visits with Cargill. The photo showed a red mark under David's chin.

    Bingham then asked about West's* early custody agreement with Cargill. He said he had full custody and that David would spend unsupervised weekends with Cargill. Those visitations later became supervised at a court's order. West said that was at least partially because Child Protective Services became involved. He said they told him he needed to protect David from Cargill.

    West said David was more aggressive after returning from visits with his mother. He said David occasionally mentioned Cargill hurting him physically during their visits.

    West said that he thought for a time that Cargill's mother Rachel was dead because Cargill told a judge under oath that was the case. Cargill's mother is not dead. He said Cargill also accused him of bribing Rockwall County judges to win their child custody cases.

    Bingham showed West a judgment that summarized an incident in which Cargill kicked West's current wife Sonya.* West said his wife was severely bruised in the attack. He said Cargill took David, threw him in the car and drove off.

    "How would you describe your marriage to Kimberly Cargill?" Bingham said.

    "It was one of survival," West said.

    "Did she ever accuse you of anything?" Bingham said.

    "Yes, she filed assault charges on me once," West said. "I didn't do it."

    When David was 12, West said he no longer wanted to attend the visitations with his mother. He said his son has had no desire to see her since then.

    West said he considers David to be one of Cargill's victims. He said David was in therapy related to Cargill's mistreatment of him for approximately ten years.

    "Do you believe Kimberly Cargill is capable of great violence?" Bingham said.

    "No doubt about it," West said. "That's why I never kept a gun in my house."

    "What is it like to have the law tell you that you have to put your son in a car to leave with someone like her?" Bingham said.

    "It was always tough," West said. "He would be screaming when he'd get in the car."

    "Is Kim Cargill a nice person? Is she a good person?" Bingham said.

    "No," West said.

    On cross-examination, Harrison referenced the report admitted yesterday, done by Dr. Sandra Craig in 1993. Harrison said it indicated that West had physically harmed Cargill during their marriage.

    Ultimately, after a lengthy exchange, West did not deny making that admission to Craig.

    Harrison asked West about conversations he had with another of Cargill's ex-husbands, Bryan Cargill, while he was in the middle of his divorce from Cargill. Harrison showed West an email in evidence that was sent to him by Bryan.

    West said he did not have similar interactions with Cargill's other ex-husbands.

    Harrison asked if West recalled being with Cargill in 1992 when she was diagnosed with Chrohn's Disease. He said he did not.

    Harrison then asked for a break to review an unfamiliar document.

    After reviewing it, he said it was the report from a home study done in relation to West and Cargill's child custody battle in 1993.

    "Do you recall making the statement at that time that you and she would have fights and you would usually come out the winner?" Harrison said.

    "No," West said. "Not specifically."

    Bingham asked West what the difference between himself and Cargill is.

    "I wouldn't even begin to compare the two of us," West said.

    Bingham showed a photo of David at 3 years old with a bruise under one of his eyes.

    West said he did not know what happened to produce the bruise.

    David West, Michael and Kim's son was called next.

    "Do you consider Kimberly Cargill to be your mother?" Bingham said.

    "No I do not," David said.

    David said he remembers bits and pieces of his childhood.

    "Do you have any good memories of your mother?" Bingham said.

    "One or two," David said.

    "Were you scared of her growing up?" Bingham said.

    "Still am," David said.

    David called Cargill scary and abusive and said she had strangled him as a child. He said he watched her do it to his half brother as well.

    David described his relationship with his dad as close and said he could not ever recall his father abusing him.

    "So whatever problems they had between themselves, your dad never brought it to you?" Bingham said.

    "No," David said.

    Bingham asked David what his memories were of being two or three years old at a house in Allen, Texas. Said said he had no memories from that time.

    "What's the first instance you can remember her hurting you?" Bingham said.

    "I would say first or second grade," David said.

    Bingham showed the photo of David in third grade which had been shown previously and asked how he got the mark on his neck.

    What happened?" Bingham asked.

    "She got angry and hit me on the head several times with a hairbrush," David said. "[The mark on my neck] was from her choking me."

    Bingham asked about another incident involving a baseball bat. David confirmed Cargill hit him with the bat.

    Bingham asked about the time David saw Cargill choke his half brother. He said he didn't remember the details or how many times it happened.

    "How many years have you spent trying to forget this?" Bingham said.

    "Many," David said. "And a lot of therapy."

    "Are you ready to get on with your life?" Bingham said.

    "Yes," David said.

    Bingham asked about the incident involving his step-mother and step-sister in which Cargill kicked his step-mother.

    "I was at [the West's home] with a baby sitter when that happened," David said. "She was also trying to take [my step-sister] and [my step-mother] got there and [Cargill] was chasing me through the back yard before she force me into the car."

    "Did you see her do anything to [your stepmother] before she took you?" Bingham asked.

    "Kimberly smashed her arm against the side of the brick garage and that's when we got away," David said.

    Bingham asked whether Cargill had ever thrown something at David. He said she had thrown a remote and glass dishes at him.

    "Is she manipulative?" Bingham asked.

    "Yes," David said.





    "What do you most remember about your mom when she would put*her hands around your neck?" Bingham said.

    "I always just wanted to run away," David said.


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