Update: 11:02 a.m. -- Kimberly Cargill's second-oldest son continued his testimony in a Smith County courtroom Wedensday. Cargill was convicted of Capital murder Friday for killing her youngest son's baby sitter. The trial is in its sentencing phase as jurors try to decide whether Cargill will get the death penalty.
Cargill's 17-year-old son said there were several times growing up when he had to physically place himself between his mom and his younger half-brother. He said he did it because he was older and stronger and felt he could take whatever she did better than he could.
"Was there ever a time where you felt safe at home?" Smith County District Attorney Matt Bingham said.
"No, sir," Cargill's son said.
Cargill's son said his mom would get really angry with him about three times a week on average. He said it was violent sometimes, but other times only extended to yelling.
"Do you ever remember going to bed and thinking 'it's been a great day,'" Bingham said.
"Not really," Cargill's son said.
Cargill's son told the jury he lived with Cargill for approximately twelve years, which was longer than any of his half-brothers.
"How would you describe those twelve years?" Bingham said.
"Not very much fun," Cargill's son said. "I remember once we were in the kitchen and she stuck her fingers down my throat. I don't remember why."
"When she put her fingers down your throat, could you breathe?" Bingham said.
"No, sir," Cargill's son said.
Cargill's son said he would often try to get outside the home and stay there because it made it easier to run away if he needed to.
"To this very day, are there things that only you know that she's done to you?" Bingham said.
"Yes, sir," Cargill's son said.
"Are those things you want to keep to yourself?" Bingham said.
"Yes, sir," Cargill's son said.
Cargill's son told the jury he has no intention of having any more contact with his mom for the remainder of his life.
He recounted times in which he said Cargill would throw him out of the house in cold (40-degree) weather in nothing but a t-shirt and basketball shorts. He said she would lock the door and leave him for an undetermined amount of time.
"If you could go back to your childhood and had one wish, what would it be?" Bingham said.
"To live with my dad," Cargill's son said.
On cross-examination, defense attorney Jeff Haas asked Cargill's son about his early years. He said he remembered being in pre-Kindergarten in Carthage, Texas and ten moving to Tyler for elementary school.
"How did you do in school?" Haas said.
"I made pretty good grades," Cargill's son said. "But I was always acting up in class.
Haas then asked about his memories of what homes he live in and and what point in his life he live in those homes. He said his memory was hazy, but provided a rough timeline.
"These incidences of violence you describe, what is the earliest memory you have of them?" Haas said.
"I was about four years old," Cargill's son said.
"Yesterday you told Mr. Bingham you were six or seven," Haas said. "Do you remember that?"
"It's tough to remember specifically," Cargill's son said. "It was somewhere in that range of years."
Haas showed Cargill's son a photo and asked him to identify the people in it. Cargill's son identified his half-brothers and his mother.
Cargill's son said the incidents of violence with his mother dropped off considerably after he move in with his father.
Haas asked Cargill's son about several incidents in the 2008-2009 timeframe in which he became angry with his father and told court workers he wanted to go back to living with his mother. Cargill's son said he was confused during that time and regrets telling court workers what he told them.
Bingham then asked whether there was a time when Cargill's son could remember going somewhere with his mom and not having an argument or being hurt in some way. He said those times were few and far between.
Bingham asked what happened after Cargill's son went back to living with her four years ago.
"It was the same sort of thing all over again and I wanted to leave," Cargill's son said. "My mom is very manipulative. She was trying to convince me to come back and live with her for a while."
"There was still violence when I went back there but as I got older it wasn't directed at me as much," Cargill's son said.
"Was it shifted more toward [your younger half-brother]?" Bingham said.
"Yes, sir," Cargill's son said.
TYLER (KYTX) - Kimberly Cargill's second-oldest son continued his testimony in a Smith County courtroom Wednesday. Cargill was convicted of Capital murder Friday for killing her youngest son's baby sitter. The trial is in its sentencing phase as jurors try to decide whether Cargill will get the death penalty.
Cargill's 17-year-old son said there were several times growing up when he had to physically place himself between his mom and his younger half-brother. He said he did it because he was older and stronger and felt he could take whatever she did better than he could.
"Was there ever a time where you felt safe at home?" Smith County District Attorney Matt Bingham said.
"No, sir," Cargill's son said.
Cargill's son said his mom would get really angry with him about three times a week on average. He said it was violent sometimes, but other times only extended to yelling.
"Do you ever remember going to bed and thinking 'it's been a great day,'" Bingham said.
"Not really," Cargill's son said.
Cargill's son told the jury he lived with Cargill for approximately twelve years, which was longer than any of his half-brothers.
"How would you describe those twelve years?" Bingham said.
"Not very much fun," Cargill's son said. "I remember once we were in the kitchen and she stuck her fingers down my throat. I don't remember why."
"When she put her fingers down your throat, could you breathe?" Bingham said.
"No, sir," Cargill's son said.
Cargill's son said he would often try to get outside the home and stay there because it made it easier to run away if he needed to.
"To this very day, are there things that only you know that she's done to you?" Bingham said.
"Yes, sir," Cargill's son said.
"Are those things you want to keep to yourself?" Bingham said.
"Yes, sir," Cargill's son said.
Cargill's son told the jury he has no intention of having any more contact with his mom for the remainder of his life.
He recounted times in which he said Cargill would throw him out of the house in cold (40-degree) weather in nothing but a t-shirt and basketball shorts. He said she would lock the door and leave him for an undetermined amount of time.
"If you could go back to your childhood and had one wish, what would it be?" Bingham said.
"To live with my dad," Cargill's son said.
On cross-examination, defense attorney Jeff Haas asked Cargill's son about his early years. He said he remembered being in pre-Kindergarten in Carthage, Texas and ten moving to Tyler for elementary school.
"How did you do in school?" Haas said.
"I made pretty good grades," Cargill's son said. "But I was always acting up in class.
Haas then asked about his memories of what homes he live in and what point in his life he live in those homes. He said his memory was hazy, but provided a rough timeline.
"These incidences of violence you describe, what is the earliest memory you have of them?" Haas said.
"I was about four years old," Cargill's son said.
"Yesterday you told Mr. Bingham you were six or seven," Haas said. "Do you remember that?"
"It's tough to remember specifically," Cargill's son said. "It was somewhere in that range of years."
Haas showed Cargill's son a photo and asked him to identify the people in it. Cargill's son identified his half-brothers and his mother.
Cargill's son said the incidents of violence with his mother dropped off considerably after he move in with his father.
Haas asked Cargill's son about several incidents in the 2008-2009 timeframe in which he became angry with his father and told court workers he wanted to go back to living with his mother. Cargill's son said he was confused during that time and regrets telling court workers what he told them.
Bingham then asked whether there was a time when Cargill's son could remember going somewhere with his mom and not having an argument or being hurt in some way. He said those times were few and far between.
Bingham asked what happened after Cargill's son went back to living with her four years ago.
"It was the same sort of thing all over again and I wanted to leave," Cargill's son said. "My mom is very manipulative. She was trying to convince me to come back and live with her for a while."
"There was still violence when I went back there but as I got older it wasn't directed at me as much," Cargill's son said.
"Was it shifted more toward [your younger half-brother]?" Bingham said.
"Yes, sir," Cargill's son said.
