Simmons sentenced in mother's death

EPHRATA - A Grant County Superior Court judge sentenced a Moses Lake man to nine years for first degree manslaughter in the death of his 88-year-old mother.

Jack P. Simmons, 58, was initially charged with murder in the second degree, but the charge was revised due to information revealed by the investigation and a medical review, according to officials familiar with the case.

Jack Simmons reportedly told police he'd returned home on March 26, 2011 to discover his mother, Edna Simmons, had fallen down. He said he carried her to the couch and started toward the phone before hearing her fall again. He told police he found her unresponsive when he returned to check on her, but a damaged phone prevented him from immediately calling for help.

An autopsy determined the elderly woman died due to blunt force trauma to the head and torso and, according to a police report, Simmons admitted to killing his mother during a later interview with investigators.

In the months following his arrest, Simmons' lawyer, Stephen Kozer, requested proceedings be suspended to allow time for his client to receive a mental health evaluation. A judge agreed, ordering Simmons to be evaluated at Eastern State Hospital. During Simmons' sentencing hearing on Monday, Kozer said doctors told him his client has Binswanger disease, a degenerative brain ailment that can result in dementia or loss of intellectual function.

"Jack does well in a structured environment, but he's not someone you want dealing with an emergency," he said. "As one doctor put it, you have 20,000 files in your brain, and we get a cue and can go and pull that file ... With Jack you have to lead him to the file, open the drawer and point out the file."

Grant County Superior Court Judge Evan Sperline asked Simmons Monday if he had anything to say on his own behalf. The defendant spoke for about 20 minutes, addressing Sperline, often through tears, and never turning to look at the roughly 30 family members sitting behind him in the gallery.

In a rambling, sometimes disjointed speech, Simmons related how he'd left a prosperous job in Seattle 30 years ago to move closer to and care for his mother after his father died.

"I loved my mom. I still do," he said. "I've never been married, never had kids of my own because I was taking care of her."

Simmons mentioned his long struggle with alcoholism, but said he'd recently been cleaning up his life and voiced regret members of his family were now "pointing fingers" at him.

"These are people I thought I could trust, and there's no reason to do that, because everybody passes away," he said.

Simmons spoke briefly about the night of his mother's death, recounting how, after arriving home to find her on the floor, he'd put her on the couch and "did CPR on her for at least a half hour."

He said he never did anything to his mother "with malicious intent" and had cared for her the best he could.

"Why would I hurt my mother? I'd been taking care of her for thirty years," he said.

Following Simmons' statement, nine family members took turns reading from prepared statements or addressing the court, occasionally breaking down with emotion.

Several spoke of how Edna Simmons had been taken advantage of over the years by her son, who was characterized as a troubled drug and alcohol abuser who often lied to garner sympathy and cover up his mistakes.

Gretchen Lopez, Edna Simmons' granddaughter, spoke of the anxiety and grief she's suffered since last March, when the "family's matriarch was stolen away by the son she loved and protected" until her death.

"You ask how the victims, how I, have been affected, and the word that comes to mind is 'profoundly,'" she said. "This man would have the nerve to tell you he cared for her for over 30 years, while no other family came around or bothered with her. Shame on him. How dare he, after everything he has put us through."

Edna Simmons' daughter, Kathleen Simmons Everest, said it will be difficult to heal after such a blow. "How does a family move forward with honoring the memory of their cherished mother when the despicable manner of her death is all consuming? The day Jack takes responsibility for his actions will be the day we can reach out to him despite all that has occurred the past 25 to 30 years."

"We were taught to love the sinner and hate the sin," said Jack Simmons' brother, Dan Simmons. "It's going to be a hard task, but we will try and I will try."

Gaye Warner, Edna Simmons' eldest daughter, said the family's world will be forever changed by the tragedy.

"Our mother is gone at the hands of our brother," she said. "I don't know how we can ever make sense of this. I only hope Jack will have time to rid himself of the rage that has taken over his soul and, with the help of God, finally take accountability for his actions so that he will find peace."

Judge Sperline followed the joint recommendation of Kozer and Grant County Prosecutor Angus Lee, sentencing Simmons to nine years in prison, which is six months shy of the maximum penalty.

He thanked the family for their comments.

"Edna is gone, at least in regard to her physical existence in this world, but it's pretty clear that her strength and her love lives on in this family, and in the courage that it takes to get up in a courtroom and pour out your feelings," he said.

Lee later said he had the opportunity to spend a lot of time with the family over the course of the past year, and Jack Simmons' sentence was resolved with their input.

"This was a complex case, and I hope the sentencing brings some closure for the family," Lee said.