Ax killer goes 'from death row to the street,' victim's sister says of 1999 Jacksonville case

A death row inmate who spent almost 20 years in prison in the ax slayings of two acquaintances is a free man after pleading guilty this week to two lesser counts of second-degree murder and being released for time served, according to Duval County court records.

Tuesday's court ruling comes after the Florida Supreme Court in January ordered a new trial for Jason Andrew Simpson, 49, stating evidence was withheld in his original case.

Simpson was convicted in 2007 of killing Archie Howard Crook Sr., 38, and Kimberli Michelle Kimbler, 29. The drug dealer and his pregnant girlfriend were hacked to death and nearly decapitated in 1999 in the bedroom of their Derito Drive home off Normandy Boulevard, Jacksonville authorities said.

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Simpson's original sentence had been "set aside and revoked" on March 29, according to court records. Instead of trying to secure a second jury conviction, the State Attorney's Office accepted his plea to the lesser offenses.

He was resentenced to 7,205 days in prison, with the judge granting Simpson credit for time served, court files show. The terms include five years of probation.

"Since the defendant’s jury trial and convictions in 2007, there have been significant changes in critical witness testimony that dramatically impact the strength of the state’s case," according to the State Attorney's Office statement. "Given these evidentiary issues, the state has accepted the defendant’s offer to plead guilty — a resolution that is in the best interest of justice.”

Family members of the victims could not be reached for comment. But Kimbler’s sister, Melinda Prestwood, told WJXT TV-4 that the Sheriff's Office is one reason why the case ended up this way since it did not preserve evidence that could have been tested for DNA.

“He is going from death row to the street. Thank you, Florida,” Prestwood told the news station.

Jason Simpson's case file

The original 1999 police report said a bloody ax was found in the backyard, while blood-spattered clothing, shoes and a cap were hidden behind an air conditioning unit.

"There was also body fluids identified to the suspect on the clothing," the arrest report said. "... The suspect was questioned and denied any involvement in the murders or the clothing."

A Duval County grand jury indicted Simpson on Dec. 5, 2002, on two counts of first-degree murder. During his original trial in March 2007, the jury recommended the death penalty on a 9-3 vote, court documents show.

Multiple motions by Simpson's attorneys to the state Supreme Court resulted in its January ruling stating that prosecutors did not disclose that a witness against him was a confidential informant for the state back in 2007. That witness was Crook’s son, Archie Clyde Crook Jr. — identified in the ruling as “Little Archie.”

Simpson’s defense attorneys argued during the original trial that Little Archie had killed his father and Kimbler. Little Archie had served as an informant against another man, George Michael Durrance, who was described in the ruling as being an associate of the Crook father and son and Simpson in the drug trade.

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Durrance also was a figure in the Simpson murder case. So the state Supreme Court's decision said Little Archie’s role as a confidential informant should have been disclosed. The court's 5-1 majority opinion also said the “relationship between Simpson, Little Archie, and Durrance was of critical importance in this case, and the information Little Archie provided to law enforcement pertaining to Durrance casts a different light on this relationship.”

The opinion also said that Little Archie’s testimony and credibility "were of significant consequence when we consider the lack of evidence linking Simpson to the scene of the crime.” Chief Justice Charles Canady dissented, writing that the failure to disclose the information about the informant “was not material and did not prejudice Simpson.”

The prosecutors in the case were Assistant State Attorneys Mark Caliel and Melissa Nelson, who is the current state attorney.

dscanlan@jacksonville.com, (904) 359-4549

This article originally appeared on Florida Times-Union: Jacksonville ax killer Jason Simpson free after being on death row