UNION — The man charged with killing Hermann Police Det. Sgt. Mason Griffith and severely wounding Hermann Patrolman Adam Sullentrup should be facing a second-degree murder count rather than capital murder because of mitigating circumstances, said the defense attorneys Tuesday morning as the trial of Kenneth Lee Simpson began.

A jury of Greene County residents began hearing testimony in Franklin County Circuit Court in what could be a trial lasting a couple weeks. The case is scheduled to run through Feb. 6, if necessary.

The Missouri Attorney General’s Office and a team from the State Public Defender’s Office offered opening statements in the trial overseen by 20th Circuit Presiding Judge Craig E. Hellmann.

With the courtroom in the Franklin County Justice Center filled, a small overflow crowd of about a dozen people watched the morning’s proceedings on large-screen monitors in the Ed Stierberger Courtroom in the historic courthouse across the street from the Justice Center. Among those on hand for the opening-day testimony was Gasconade County Circuit Court Associate Judge Ada Brehe-Krueger.

A history of drug use, homelessness and being despondent over the death of his grandmother, who earlier had legally adopted him, are factors that should be considered by the jury, the defense said. The defense is arguing that Simpson, now 38, did not shoot the policemen after cool deliberation, which would result in a first-degree murder charge. Rather, the defense argued, emotion on the part of Simpson figured largely in prompting his reaction to Griffith and Sullentrup attempting to take him into custody on Sunday night, March 12, 2023, in Casey’s General Store on Highway 19.

Assistant Attorney General Greg Goodwin argued in his opening statement that the crime, indeed, was a result of deliberation by Simpson, noting that evidence would show Simpson firmly planting his feet and bringing a hand up to steady his handgun before firing five times at Griffith, hitting him once in the armpit with the bullet traveling down his body causing a mortal injury.

With the video focused on Hellmann and the witness stand and the prosecution and defense tables, those watching the proceedings saw Simpson sitting between his attorneys. He was dressed in a gray suit, white shirt and tie and appeared to show no emotion during the opening round of testimony.

The witnesses on the first day of the trial included customers who were inside Casey’s at the time Griffith and Sullentrup arrived. That includes Jeremiah Smith-Johnson, a former Casey’s employee, who was in the store when Simpson entered to pick up a food order he had placed earlier. Smith-Johnson, who years earlier had spent much time with Simpson as teenagers in Warren County, left Casey’s in search of a police officer to alert them to Simpson. Smith-Johnson said he believed Simpson was armed and dangerous and believed he had been named in outstanding warrants from at least one neighboring county.

He said he stopped to talk with Sullentrup, who was on patrol that night. Goodwin said Sullentrup contacted Griffith who texted Sullentrup a photo of Simpson. Sullentrup drove to Casey’s, parking across the street awaiting Griffith’s arrival.

The two policemen reportedly entered the store and approached Simpson, who said he was someone else. After briefly talking with Simpson and failing to convince him to accompany them outside the store, the scuffle began near the store’s kitchen area and restrooms.

After the shooting, Simpson allegedly fled the store and holed up in the basement of a nearby house. He was arrested without further incident several hours later, surrendering to police about 1:30 p.m. Monday, March 13.

After a lunch break, the trial was scheduled to resume at 1:30 p.m. The exact schedule isn’t known, but it’s believed Hellmann is prepared to continue the trial through the week, including a Saturday session. If the jury convicts Simpson, the trial will then move to the penalty phase, which is tentatively scheduled for another week of testimony and evidence.