Danielle Nathaniel Simpson

Case record: Danielle Nathaniel Simpson

Background

Danielle Nathaniel Simpson was condemned for the capital murder of Geraldine Davidson. Simpson was scheduled for execution after 6 p.m. on Wednesday, November 18, 2009.

Simpson had been sentenced to die in Texas for capital murder in December 2000. His conviction and sentence had been affirmed on direct appeal, and the Supreme Court denied certiorari.

In the sentencing phase of Simpson’s trial, the State introduced evidence that after Mrs. Davidson had been placed in the trunk of the car, Simpson appeared happy. While the group drove away from Mrs. Davidson’s house, Simpson said that “white people deserved to die.”

During the sentencing phase, evidence was also introduced that Simpson had been placed on ten-years’ deferred adjudication in 1999 for indecency with a child. Witnesses said he was a member of a Palestine street gang, linked to drug trafficking, assaults, robberies, and shootings. He was implicated in several burglaries.

Testimony linked Simpson to assaults on his wife, Jennifer, and on another female. Jurors also heard of another incident in which Simpson smashed the windows of his sister’s car.

Simpson had prior prison record: none.

Simpson had been described as a Hispanic male, with hair color black, eye color brown, height 5' 10", and weight 151.

The offence

On 1/26/2000, Simpson and three co-defendants went to the residence of an 84-year-old white female, Geraldine Davidson. They taped her mouth with duct tape, tied her hands and feet, put her in the trunk of her vehicle, drove to the Neches River, tied a rope with a block to her, and threw her in the river, causing her death.

Simpson and his co-defendants were in possession of the victim’s vehicle at the time of arrest.

Geraldine Davidson lived alone. She was a former Palestine school teacher and the organist at her Methodist church.

Simpson had burglarized Mrs. Davidson’s house on at least two previous occasions.

When Mrs. Davidson returned home shortly after the burglary began, Simpson taped her mouth and bound her hands and feet with duct tape. Simpson put a pillow case over her head and put her in the trunk of his car. The group drove to several different locations before heading to the Neches River, where they dumped Mrs. Davidson in the river.

In testimony about the kidnapping, there were three parties to the victim’s initial kidnapping: Simpson, Jennifer Simpson, and Simpson’s thirteen-year-old cousin, Edward McCoy. All three lived with McCoy’s mother and sisters in a house a couple of blocks from Geraldine Davidson’s house.

McCoy testified that, on the morning of the offense in January 2000, Simpson asked if McCoy wanted to go with him to burglarize Geraldine’s house. McCoy agreed. Simpson, Jennifer, and McCoy walked around the corner to Geraldine’s house. After knocking on the door to see if anyone was home, Simpson went into Geraldine’s garage, got a hammer and pick, and broke a window. Jennifer climbed through the window and went around to open the door. Jennifer took a ring and some money, and Simpson took a watch. About fifteen minutes later Geraldine came home. When Geraldine entered the kitchen, Simpson approached her from behind and held a knife to her neck. He asked Geraldine for money which he then retrieved from her purse. Simpson directed McCoy and Jennifer to restrain Geraldine while Simpson left to get a pillow case and duct tape. When he returned, Simpson taped Geraldine’s mouth and bound her hands behind her back and told Jennifer to tape her legs. Simpson put the pillow case over Geraldine’s head, threw her over his shoulder, carried her outside, unlocked the trunk of Geraldine’s car, and placed her inside.

The three then drove to a couple of different locations to buy drugs. After purchasing marijuana and making an unsuccessful attempt to buy some crack cocaine, the three drove about ten miles from Palestine to Grapeland to visit Simpson’s aunt and her daughter, Shay. McCoy testified that Simpson opened the trunk and showed Geraldine to Shay. When Geraldine asked for her medication, Simpson told her to “shut up” and slammed the lid closed.

For the rest of the afternoon Simpson drove around in Geraldine’s car visiting and congregating with various friends in Palestine, occasionally opening the trunk to show off his victim. Jennifer used Geraldine’s cell phone throughout the day.

The original three parties were eventually joined by Simpson’s brother, Lionel Simpson, who suggested they kill the victim. McCoy later testified that Lionelle got the rope and tied it around her legs and Simpson got the other half of the rope and tied it around the brick and threw the brick in the water. McCoy also gave testimony that then Lionelle got her hands and Simpson got her legs and started swinging her and “chunked her in the river.” Other testimony described the victim’s binding, beating, and disposal in the trunk and at the river.

Simpson drove to a dead-end road where all four got out of the car. Simpson removed the victim from the trunk and threw her on the ground. Simpson and Lionel re-taped her arms and legs more tightly than before, beat her, and returned her to the trunk. They proceeded to Jack In The Box where they all ate hamburgers and french fries.

After leaving Jack In The Box, they drove to the Neches River. They backed the car up to the river, opened the trunk, and Lionel threw the victim onto the ground. Simpson ran up and kicked the victim in the face. Lionel then tied one end of a rope around her legs while Simpson tied the other end around a cinder block, then threw the block into the water. Lionel took the victim’s hands and Simpson took her legs, and they swung the victim and threw her into the river.

A medical examiner testified that Davidson was alive when she was thrown in the river. A passing motorist eventually spotted the body floating in the water.

The evidence admitted during the guilt phase established that Simpson was convicted of capital murder committed in the course of committing or attempting to commit kidnapping.

Investigation

Simpson’s co-defendants in the case included his younger brother Lionel Simpson, his wife Jennifer Simpson, and his thirteen-year-old cousin Edward McCoy.

Authorities said that eight to ten people at separate locations in Palestine and Grapeland were shown the captive Davidson prior to her death, and none notified police.

Arrest

Trial

Simpson was indicted by an Anderson County grand jury on Feb. 17, 2000 for capital murder.

After a trial in the Third District Court of Anderson County, the jury found Simpson guilty of capital murder on Dec. 5, 2000.

During the punishment-related evidence presented at sentencing, evidence was introduced that Simpson appeared happy after the victim had been placed in the trunk. While the group drove away, Simpson said that “white people deserved to die.”

During trial evidence about gang and prior conduct, the jury heard that Simpson had committed other burglaries and had assaulted women, including punching his wife in the face and fighting with his sister, smashing her car windows over an argument involving the fondling of his nine-year-old daughter. Testimony also included that Simpson had shot at a former girlfriend with a sawed-off shotgun.

Jury proceedings and appellate issues

On direct appeal, Simpson raised twelve points of error. The Texas Court of Criminal Appeals affirmed the conviction and sentence on Oct. 1, 2003.

In the direct appeal opinion, the court addressed a challenge for cause against venire member Brenda S. Looney without allowing Simpson’s counsel an opportunity to question her. The court ultimately overruled point of error one.

The direct appeal opinion also addressed claims about challenges for cause against other venire members, a Batson challenge regarding peremptory strikes, guilt-phase arguments, admission of hearsay statements, and a request for mistrial based on victim impact testimony.

Sentencing

After a punishment hearing, the court sentenced Simpson to death on Dec. 8, 2000.

Appeals

Direct appeal

• Conviction and sentence were affirmed on Oct. 1, 2003 by the Texas Court of Criminal Appeals.
• The U.S. Supreme Court denied certiorari review on June 14, 2004.

State habeas corpus

Simpson filed an application for state habeas corpus relief on Dec. 3, 2002. The Texas Court of Criminal Appeals denied his application on June 30, 2004 and again on June 30, 2004.

Federal habeas corpus

Simpson filed a petition for federal habeas corpus in the U.S. District Court for the Eastern District of Texas on June 28, 2005.

On March 29, 2007, the U.S. District Court denied federal habeas corpus relief.

Simpson filed notice of appeal on April 4, 2007, and later procedural events followed including:

• June 7, 2007 — the U.S. District Court granted permission to appeal.
• Aug. 29, 2008 — the U.S. Court of Appeals for the Fifth Circuit remanded for an evidentiary hearing on possible retardation.
• Dec. 10, 2008 — evidentiary hearing held in Beaumont.
• Jan. 8, 2009 — federal district court denied Simpson’s mental-retardation claim.
• Jan. 31, 2009 — Simpson filed notice of appeal.
• Feb. 3, 2009 — Simpson filed a motion seeking permission to appeal.
• 2009 — Simpson wrote a letter to the Fifth Circuit asking permission to waive appeals.
• March 9, 2009 — Simpson moved for remand for a competency hearing.
• April 10, 2009 — the Fifth Circuit remanded for a competency hearing.
• June 9, 2009 — competency hearing held in Beaumont.
• June 12, 2009 — district court issued order concluding Simpson was competent to waive further habeas corpus review.
• June 30, 2009 — Simpson signed an affidavit announcing his decision to alter course and continue his appeal.
• July 6, 2009 — counsel moved in the Fifth Circuit to continue appeal and asked to withdraw.
• July 15, 2009 — Simpson signed a statement announcing a decision to alter course again and waive further appeals.
• July 22, 2009 — Simpson filed a motion asking the appeal be dismissed.
• Aug. 12, 2009 — Fifth Circuit dismissed Simpson’s appeal.

Execution scheduling followed:

• Aug. 13, 2009 — the Third District Court of Anderson County scheduled the execution for Nov. 18, 2009.
• Aug. 26, 2009 — Brenda Simpson, Simpson’s mother and sisters moved to intervene as next friends to continue the appeal.
• Sept. 21, 2009 — the Fifth Circuit denied the motion to intervene.
• Oct. 5, 2009 — Brenda Simpson, LaTonya Simpson, Kenya Sanders, and Kathryn Evans asked the Fifth Circuit to reconsider.

Quotes and statements included in proceedings

Simpson wrote a letter to the U.S. Fifth Circuit stating he was ready to die. The opinion included:

“I'm tired of being in a institution that's unjust, degrading, and corrupted-whereas on the other hand, I'm tired of struggling to survive in a system that's highly injustices [sic]. “I'm ready to die”!! If I can't be free-“ Kill Me ”.!!”

Later handwritten statements about waiving further appeals were included, including:

“I'm tired of being imprisoned in a system that's devaluated, and struggling to survive under the cruel and unusual punishments of an unjust institution better know [ sic ] as Texas death row here on the Polunsky unit in Livingston Texas. I want to drop my appeals because, I don't have no family support, care, nor communications coming from my mother or sisters, etc...and providing that all my support comes from overseas friends, I greatly appreciate the unconditional love and support they've provided to me over the years. Meanwhile, being locked up in a [ sic ] isolated solitary cell of confinement 23 and 24 hours per day isn't justice nor is it considered living - its cruel and unjust, therefore I'm really looking forward to my execution because its just me against the world...”

A later handwritten statement attached to the July 22 request included:

“I'm tired of being imprisoned in a system that's devaluated, and struggling to survive under the cruel and unusual punishments of an unjust institution better know [ sic ] as Texas death row here on the Polunsky unit in Livingston Texas. I want to drop my appeals because, I don't have “ no ” family support, care, nor communications coming from my mother or sisters, etc .... and providing that all my support comes from overseas friends, I greatly appreciate the unconditional love and support they've provided to me over the years. Meanwhile, being locked up in a [ sic ] isolated solitary cell of confinement 23/ and 24 hours per day isn't justice nor is it considered living-its cruel and unjust, therefore I'm really looking forward to my execution because its just “me against the world”....”

Outcome

Simpson was executed by lethal injection in Texas on November 18, 2009.

In brief comments while strapped to the death chamber gurney, Simpson said: “I want to tell my family I love y’all,” and “I’m going to miss y’all.” “I’m ready, ready.”

He was pronounced dead at 6:32 p.m. CST.

Aftermath

Five members of Davidson’s family, including her three adult children, witnessed the execution.

The Anderson County District Attorney Doug Lowe said: “I don't get any pleasure out of the execution of Danielle Simpson but this was a case that deserved that punishment. He was a person who showed no remorse for his victim and had many opportunities throughout the day to spare her life and didn't.”

Co-defendants’ outcomes were:

• Lionel Simpson was serving a life sentence.
• Jennifer Simpson pleaded guilty and was serving a 40-year term, with eligibility for parole after serving 30 years.
• Edward McCoy was sent to the Texas Youth Commission and paroled in 2007 at age 21 to serve the remainder of his 13-year sentence under adult parole supervision.

Timeline

• Feb. 17, 2000 — An Anderson County grand jury indicted Simpson for capital murder.
• Dec. 5, 2000 — After a trial in the Third District Court of Anderson County, the jury found Simpson guilty of capital murder.
• Dec. 8, 2000 — After a punishment hearing, the court sentenced Simpson to death.
• Dec. 3, 2002 — Simpson filed an application for state habeas corpus relief.
• Oct. 1, 2003 — On appeal, the Texas Court of Criminal Appeals affirmed the conviction and the sentence.
• June 14, 2004 — The U.S. Supreme Court denied certiorari review.
• June 30, 2004 — The Texas Court of Criminal Appeals denied Simpson’s application for state habeas corpus relief.
• June 28, 2005 — Simpson filed a petition for federal habeas corpus in the U.S. District Court for the Eastern District of Texas.
• March 29, 2007 — The U.S. District Court for the Eastern District of Texas denied federal habeas corpus relief.
• April 4, 2007 — Simpson filed notice of appeal.
• June 7, 2007 — The U.S. District Court for the Eastern District of Texas granted Simpson permission to appeal.
• Aug. 29, 2008 — The U.S. Court of Appeals for the Fifth Circuit remanded the case for an evidentiary hearing on Simpson’s possible retardation.
• Dec. 10, 2008 — An evidentiary hearing was held in Beaumont.
• Jan. 8, 2009 — The federal district court denied Simpson’s mental-retardation claim.
• **Jan.
• Feb. 3, 2009 — Simpson filed a motion seeking permission to appeal in the federal district court.
• April 10, 2009 — The Fifth Circuit remanded the case to the federal district court for a competency hearing.
• June 9, 2009 — A competency hearing was held in Beaumont.
• June 12, 2009 — The district court issued an order concluding that Simpson was competent to waive further habeas corpus review.
• June 30, 2009 — Simpson signed an affidavit announcing a decision to alter course and continue his appeal.
• July 6, 2009 — Counsel for Simpson moved to continue the appeal and asked to withdraw as counsel.
• July 22, 2009 — Simpson filed a motion asking that his appeal be dismissed.
• Aug. 12, 2009 — The Fifth Circuit dismissed Simpson’s appeal.
• Aug. 13, 2009 — The Third District Court of Anderson County scheduled the execution for November 18, 2009.
• **Aug.
• **Sept.
• **Oct.
• Nov. 18, 2009 — Simpson was executed by lethal injection in Texas; he was pronounced dead at 6:32 p.m. CST.

Other details

Education and occupation

Simpson had 11 years of education and worked as a machinist and laborer.

Identity details mentioned

Simpson was described as 30 years old in execution-related reporting.

Charges and sentencing basis

Simpson was charged with the offense of capital murder committed in the course of committing or attempting to commit kidnapping.

Victim

The victim was Geraldine Davidson, an 84-year-old white woman. She was a widow and retired teacher, and she was described as a former Palestine school teacher and church organist.

Co-defendants and ages

Co-defendants included:

• Jennifer Simpson (wife)
• Lionel Simpson (brother)
• Edward McCoy (cousin)

McCoy was described as 13 years old at the time of the offense. McCoy was later paroled in 2007 at age 21, to serve the remainder of his 13-year sentence under adult parole supervision. Lionel Simpson was described as 15 years old at the time of conviction.

Verbatim trial statements and testimony included in appeal materials

A quoted exchange during the punishment phase included: [Prosecutor]. “And I don't think it would be appropriate for you to pursue what your mother would have wanted to do in this case, but what does your family want to have done?” [Witness]. “I've talked with all my children and I've talked with my wife. I've talked with my grandchild that is an adult, and unanimously we want the death penalty.”

Testimony also included the statement attributed to Simpson to the victim:

• Simpson told Geraldine Davidson: “shut up”

Other quoted testimony fragments included:

• “Then Lionelle got the rope and tied the rope around her legs and [the appellant] got the other half of the rope and tied it around the brick and threw the brick in the water.”
• “Then Lionelle got her hands and [the appellant] got her legs and started swinging her and chunked her in the river.”