Published: February 16, 2007 11:58 pm print this story email this story comment on this story

Simpson now faces child porn charges
By KENNETH HART
The Independent

CATLETTSBURG — One day after being convicted of murder and sentenced to life plus five years, Timothy Scott Simpson was back in court on a separate charge that could result in him receiving additional prison time.

Through his attorney, Michael Curtis, Simpson pleaded not guilty to one count of possession of material involving the depiction of a minor in a sexually explicit act.

The charge stems from a video clip found on Simpson’s home computer, which was seized as part of the investigation of the Feb. 16, 2006, shooting death of 28-year-old Faith Clay, Simpson’s live-in girlfriend.

Authorities said the computer’s hard drive had been wiped, but that a computer forensics expert was still able to locate the clip.

The contents of the clip have not been divulged, but Commonwealth’s Attorney David Justice said it was “explicit” and had the word “minor” in the file name.

A Boyd Circuit Court jury on Thursday found Simpson guilty of Clay’s murder and sentenced him to life in prison, the maximum term allowed by law. Jurors also convicted Simpson of tampering with evidence and gave him five years on that charge, to run consecutively with his murder sentence.

Simpson shot Clay in the eye with a 9 mm handgun fitted with a silencer fashioned from a two-liter soft drink bottle while she was asleep in his garage apartment on Boyd Street. In convicting him of murder, jurors rejected his claim that Clay took her own life.

Simpson was indicted last month on the child-pornography charge, a Class D felony that carries a prison sentence of one to five years.

Justice said he made Simpson a “very generous” plea bargain offer on the charge. While declining to discuss specifics, he said, as a “practical matter,” the deal would result in Simpson serving no additional time.

Under state sentencing guidelines, Simpson will be eligible to meet with the parole board for the first time after he has spent 20 years behind bars.

The plea offer has an expiration date of March 1, Justice said, adding he was prepared to try the case should Simpson decide not to accept it.

Judge C. David Hagerman scheduled the case for trial on May 22.