Smith County Murder Suspect’s Appeal Is Denied

AUSTIN (AP/STAFF) – Texas’ highest criminal court has refused an appeal from an East Texas woman on death row for the slaying seven years ago of her developmentally disabled baby sitter. The Texas Court of Criminal Appeals on Wednesday rejected 15 claims raised by Kimberly Cargill, 50, of Whitehouse. She was convicted in Smith County in 2012 of causing the asphyxiation of Cherry Walker, 39. Most of the claims contended Cargill’s trial lawyers were deficient for not presenting evidence that Walker died of an epilepsy-related seizure rather than homicidal violence. She testified during her trial that Walker had a seizure while she was driving her home. She claimed she panicked and didn’t act rationally. Walker’s body was found along along a Smith County Road when it had been doused with lighter fluid and set on fire.