UNION — The jury of Greene County residents began its second day of deliberation Tuesday morning on what might be the hardest part of its job in the capital murder trial of Kenneth Lee Simpson: Deciding between the death penalty or life in prison without parole.

As the region was bracing for an incoming severe winter storm, that jury Saturday night inside the Franklin County Justice Center took about four hours to find Simpson, 38, guilty of first-degree murder in the March 2023 death of Hermann Det. Sgt. Mason Griffith and the severe wounding of Hermann patrolman Adam Sullentrup. The shooting occurred on a Sunday night inside Casey’s General Store as Griffith and Sullentrup were in the process of apprehending Simpson on a warrant issued by a neighboring county.

It took less than a week for the jury to reach a verdict in the case, which had been scheduled over several weeks. Opening statements and the initial round of testimony were heard on Tuesday, Jan. 20., in the case that has drawn widespread attention. With multiple witnesses and video obtained from Casey’s security cameras, there was no doubt that Simpson shot the policemen. However, the team of defenders from the Missouri Public Defender’s Office tried to build a case on the argument that Simpson should have been charged with second-degree murder rather than first-degree, which requires a level of premeditation.

The defense argued that the shooting resulted from Simpson’s drug use, periods of homeless and, perhaps most of all, his despondency over the loss of his grandmother, who died about two months prior to the shooting. The shooting of Griffith and Sullentrup was an act of emotion, not cool deliberation, his attorneys argued.

But the prosecution team of assistants in the Missouri Attorney General’s Office claimed the shootings, indeed, came after deliberation by Simpson, noting that as Griffith was retrieving the magazine that fell out of his gun, Simpson planted his feet and brought up a hand to steady his weapon before firing five times, hitting Griffith once in the armpit causing the fatal injury.

Griffith was shot as Sullentrup lay on the floor having been shot once in the side and once in the head.

After the shooting, Simpson fled the store and made his way to a house nearby where he was holed up until the next afternoon. With personnel from several police agencies surrounding the residence, Simpson surrendered without further incident about 1:30 p.m.

Originally housed in the Crawford County Jail, Simpson was transferred to Franklin County Jail after the case was moved on a change of venue. But rather than take the case outside the 20th Circuit, Presiding Judge Craig E. Hellmann decided to move the trial to Union and have a jury chosen from Greene County in Southwest Missouri. It took only four days to select 12 jurors and six alternates from a jury pool of 1,000 Greene County residents — an unusually large jury pool but one that Hellmann felt would provide a greater opportunity in the selection of an unbiased jury.

If the jury cannot reach a unanimous decision on punishment, the matter will be in the hands of Hellmann. If the jury can reach a decision to recommend to the judge, Hellmann will schedule a formal hearing to hand down a sentence. The state has been seeking the death penalty since shortly after Simpson was charged.

The jury remained in deliberation Tuesday as the Gasconade County Republican went to press.