ETX mom accused of killing babysitter pleads not guilty

SMITH COUNTY, TX (KLTV) - The trial for the East Texas mother accused of murdering her babysitter is underway in a Tyler courtroom this morning.

Forty-five year old Kimberly Cargill of Whitehouse, accused of murdering Cherry Walker, a mentally disabled woman, who often cared for one of Cargill's young sons entered a not guilty plea.

Walker was scheduled to testify against Cargill in a child custody case, but she went missing the day she was served her subpoena.

Almost two years ago, Cherry Walker's burned body was found dumped off a Smith County road, and Kimberly Cargill was charged with her murder

"I hope, in her heart and her mind, that she finds some place where she can come to grips with what she has done; acknowledge what she has done and say that I'm sorry," Walker's stepmother Reuon Walker told us in July of 2010.

It was by love and faith Walker's stepmother and father told us they'd make it through.

"We have to forgive one another," Walker's dad, Gethry Walker, told us.

In court documents, investigators have said they believe Cargill intentionally took Walker's life in retaliation to prevent or delay her from testifying in Cargill's custody battle.

Those documents say on June 18 a subpoena was served on Walker; Walker called Cargill about the subpoena, and then Cargill told her not to tell anyone.

Authorities say that night, Walker disappeared.

In court Friday, prosecutors briefly discussed key evidence they plan to present during the trial.

They spoke about phone records and conversations between Cargill, Walker and Walker's caretaker Paula, on the day that subpoena was served.

"These statements are very important because Cherry Walker had just called Paula and said, 'The defendant is coming over. She says she's going to take me out to eat and that I'm going to go clean her house for money,'" Smith County District Attorney Matt Bingham said in court.

Prosecutors said those phone calls show Cargill's attempt, plan and motive to stop Walker from ever making it to court, but that's a conclusion only the jury can make.

The prosecution says they are seeking the death penalty. However, Cargill's attorneys have asked a judge to allow the jury to determine sentencing if Cargill is convicted on anything less than capital murder.

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