A decide on Thursday sentenced a Vancouver man to about 10 years in jail for the April 2023 demise of his accomplice throughout a struggle at their condo.
Kemawi “Eric” Simon, 34, pleaded responsible in Clark County Superior Court docket to second-degree home violence homicide.
Simon grew to become tearful as he turned to the household of 59-year-old David Giese and apologized for what occurred. He stated he didn’t imply for Giese to die, and it’s onerous for him to consider Giese is gone.
Simon’s assertion got here after a number of of Giese’s relations informed the decide of their ache. They requested the decide to condemn Simon to the utmost penalty allowed.
Senior Deputy Prosecutor Toby Krauel and protection legal professional Angela Avery requested the decide sentence Simon to the low finish of his sentencing vary, or 123 months. They agreed to the sentencing suggestion as a result of Simon was taking accountability for Giese’s demise, they informed the decide, and due to Simon’s psychological well being issues and drug dependancy.
Krauel stated the proof within the case confirmed each Simon and Giese had been beneath the affect of methamphetamine after they started preventing April 29, 2023, of their condo’s toilet. He stated the couple had a combative relationship and pointed to Simon’s prior conviction for assaulting a police officer who responded to a report of home violence between the couple.
Vancouver police responded about 4:30 p.m. to the condo at 3903 E. 18th St., to help EMS. Simon reported he had been in a struggle together with his accomplice, and he didn’t assume his accomplice was respiration anymore, in line with a possible trigger affidavit.
Medical personnel responded to the unit and located Giese useless within the toilet. Investigators stated it appeared Giese died mendacity face down on the lavatory ground, however he had been turned over onto his again earlier than medics arrived, courtroom data state.
Investigators stated there have been indicators of a wrestle within the toilet, together with injury to a closet door, the affidavit states.
Giese had swelling round his left eye and a chew mark to his proper hand, in line with the affidavit. The Clark County Medical Examiner’s Workplace later decided Giese died by strangulation.
In an interview with police, Simon stated he was washing his face within the toilet when Giese got here in and commenced yelling at him. He stated they began shoving one another, inflicting injury to the closet door. He informed officers Giese bit him, and he bit Giese again, in line with courtroom data.
Simon stated the struggle ended, and he left the lavatory. He went to the lounge to chill off whereas he thought Giese was utilizing the bathroom. When he went to examine on Giese after a couple of hours, he stated he noticed Giese mendacity on the ground, the affidavit states.
Officers stated Simon informed them he thought Giese was sleeping and left him alone. After some time, he checked on Giese once more, observed his situation and referred to as 911, in line with courtroom data.