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Day 3 of sentencing phase in ETX murder trial

Published: May. 23, 2012 at 1:14 PM CDT|Updated: Jun. 6, 2012 at 1:14 PM CDT
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Testimony will continue today in the punishment phase for an East Texas murderer.

45-year-old Kimberly Cargill of Whitehouse was found guilty of killing her babysitter and now faces either life in prison without parole or the death penalty. In court Tuesday, two of Cargill's four sons told the jury how emotionally scarred their mother had left them. Her ex-husbands also told the jury about Cargill's violent nature.

More of Cargill's ex-husbands and her third child are expected to testify today. KLTV's Jena Johnson will be in the courtroom to bring us live updates on the trial throughout the day.

Cargill Sentencing Day 3

Prosecution resumes questioning one of Kim Cargill's sons.

He testified that he often had to defend his little brother from his mom. He says he would have to pull his mother off of his little brother. He testified that he witnessed his mother choking his little brother several times.

The prosecution asked if there was ever a time in his home where he felt safe. He replied no.

Cargill's son said his mother would get angry with him about three times a week. He testified his mother put her fingers down his throat several times.

"To this day are there things that your mother has done to you that you've never told anyone?" asked District Attorney Matt Bingham.

"Yes sir," said Cargill's son.

He testified he wishes to no longer have contact with his mother.

He remembered a time that his mother locked him out of the house when it was 40 degrees. He said he only had on athletic shorts and a t-shirt. He said he wouldn't know how long he would be locked out of the house.

The prosecution passed the witness.

The defense questioned Cargill's son if there was a time that he wanted to go back and live with his mother.

Cargill's 17-year-old son said yes because he was confused.

The defense passed the witness.

"Despite all that your mother has done to you, did you love her?" asked Bingham.

"Yes sir," said Cargill's son.

He testified that his mom is very manipulative and she would try to convince him to come back and live with her.

He said when he went back to live with his mother it was nearly as bad because her violence had shifted to one of his younger brothers.

The court has asked that Cargill's ex-boyfriend's name and his son's name, who will testify after him, be kept anonymous. The court has also asked the media to not take any kind of video or audio recording during their testimony.

Cargill's ex-boyfriend is physically shaken and crying on the stand.

He said he witnessed Cargill push one of her son's out of the car.

He testified that one time Cargill wanted him to go to his sister's house and start a fight because she was mad.

He said Cargill punched him in the face and pushed her son out of the car because he did not start a fight.

From the very beginning of their relationship he said Cargill told him she could not pregnant. A few months later she ended up getting pregnant and a paternity test confirmed it was his son.

He began crying on the stand talking about the abuse his son went through under Cargill's care.

"I learned that he was walking around on the streets in just a diaper," he said.

During his testimony, he is turned away from Cargill.

"What was it like to know that your son had to be in the house with her," asked the state.

"The hardest thing to do was to take him back to that house," he said.

The state asked him to describe Cargill.

"She's probably one of the meanest people I've ever met in my life," testified Cargill's ex-boyfriend. "She's probably one of the most violent people I've ever met."

He said the first month of dating her was good. He said then he saw red flags.

"I'm a grown man and I was afraid of her," he said.

He remembered one time they were sitting at the dinner table and Cargill asked him what he would think of her if she had one of her ex-husband's killed.

"She said she knew someone who could do it," he testified.

He remembered one time she asked him for a chocolate fudge sundae from Braum's. He said she specifically asked for no cherry on top.

He said when he returned there was a cherry on top of the ice cream and she went into "the worst rage he's ever seen".

"She threw the ice cream at me and at the wall and began throwing everything in sight," he said.

He said that Cargill put him in a headlock.

"She's extremely strong," he said.

He said he never hit her back.

"I've been hit by men before and when she punches, she punches like a man. She balls her fist up and she brings it," he said.

Besides physical abuse, he said she would also threaten him with the police.

"She said she had connections in Smith County and could get me arrested," he said.

He said she would threaten to tell the police that he sexually molested their son.

He said Cargill refused to cut their son's hair. He testified that their son's hair was covering his eyes and it had to be cut.

"She didn't want his hair cut because she was hiding a large, blue bruise and a lump on his forehead," he said.

He said he took pictures and took them to the sheriff's office. That day Cargill was arrested on a charge of injury to a child.

Wiping away tears, Cargill's ex-boyfriend testified that he doesn't want his son seeing Cargill.

"I'm worried that him testifying is going to bring it all back," he said.

He said his son is strong and wants to tell his side of the story.

"For years no one but me believed the abuse," he said.

The defense asked Cargill's ex-boyfriend if he told CPS that Cargill was bipolar.

He said he may have said it because he remembers seeing that diagnosis  in a medical report.

The prosecution questioned him if he was sure that she was diagnosed as bipolar.

"After a year with her I diagnosed her as bipolar," he testified. "That's crazy."

He said she was nice one minute and then mad the next.

The prosecution asked if she was pregnant when she choked her second to oldest son.

"Yes," he replied.

He said that he's witnesses her stand over the couch an choke her son who at the time was only four-years-old. He said he would look up and look for Jim because he knew he would break it up.

"I would tell her you need to quit, you need to stop, what are you doing?" he said.

"She's the devil," testified her ex. "She is the devil."

He said that Miss Cherry Walker was an angel sent from God and that she protected all of Cargill's sons.

The son said that "KC" would call him curse words and stupid.

He said "KC" changed the door lock to the outside so she could lock him and his half brother in the room.

"The longest I was in there was for four hours," he said. "The shortest would be an hour."

The state asked him to describe "KC."

"Mean, aggressive, a bad person. Just something that's not supposed to be said about a mother," he said.

The state asked him what he was thinking when CPS took him from KC's home in March 2010.

"I was thinking thank God," he said.

He said he knew Cherry Walker. He said that "KC" would drop his little brother off with Cherry.

He said Cherry was always nice to him.

"She looked like she enjoyed her life," he said.

He said after the abuse he felt like "KC" didn't love him or care.

"When this case is over what do you plan to do," asked the state.

"I'll certainly never forget it, I want to move on," he said.

The state asked what's the worst thing "KC" has done to him.

"That she hit me," he said.

Christy Allen, Cargill's neighbor, testified that she lived above Cargill. Allen said Cargill called her white trash one day in the yard.

"It was a scary thing, a full of hate kind of mad," said Allen.

Allen said she knocked on Cargill's door one day when she heard some "volatile screaming."

She said Cargill told her everything was fine and that it was actually her son screaming and not her. Allen testified she knew that was a lie.

The hearing will continue Thursday morning at 8:30.

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