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Hernando Today

Long wait for Simmons' murder trial

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By TONY HOLT | Hernando Today

Published: October 23, 2009

Brooksville - The trial for the Spring Hill man accused of murdering his mother still has not been set due to ongoing issues involving the defendant's health, attorneys said Friday.

Kevin Simmons' attorney, Tricia Jenkins, went before the judge Friday for a status update. The defendant is suffering from health problems, both physically and mentally, and they need to be resolved before he can be fit to stand trial, she said.

Prosecutor Pete Magrino said there is a "difference of opinion" between the two sides about Simmons' mental state and whether he is receiving adequate care while in jail.

Simmons, 58, is charged with first-degree murder in the death of his 81-year-old mother, Dorothy Simmons.

The victim's body was found Aug. 3, 2008, partially in and out of the pool, deputies said.

A puddle of blood was discovered on her bed along with red streaks through her house that led detectives to believe she was beaten and dragged through her bedroom to the pool, according to reports.

Neighbors were awakened at 3 a.m. that morning to the sound of screams coming from Simmons' house. When deputies arrived later that day, they were shocked to learn a grisly murder had taken place.

Kevin Simmons told deputies he struck his mother in the head and mouth with a telephone and remote control and pulled her into the pool, according to a sheriff's report.

Simmons' son, who is in his 20s, woke up to the commotion and discovered his father holding his grandmother underwater with his feet, deputies said.

Magrino said Simmons often traveled on a three-wheel scooter because he had difficulty walking.

Months before the killing, Simmons was riding his scooter at night, got lost and found himself on a major highway, Magrino said. Deputies had to come pick him up and take him home.

Jenkins said Simmons' physical ailments are affecting his mental state. Magrino would not comment on that specifically.

Simmons, a military veteran, had been receiving medical care through the U.S. Department of Veterans Affairs prior to the homicide, Magrino said.

The next pretrial hearing is scheduled for Jan. 15, 2010.

Reporter Tony Holt can be reached at 352-544-5283 or wholt@hernandotoday.com.

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