CONVICTED MAN SAYS 'GOD BLESS YOU' TO JURY

Michael Dewayne Kimmel, 23, stood up and said "God bless you" Tuesday to
jurors who convicted him of a charge that could send him to prison for the
rest of his life.

Jurors convicted Kimmel, formerly of Fort Worth, of possession of a
controlled substance of more than four ounces with intent to distribute in
a drug-free zone. Sentencing testimony starts Wednesday in the 59th state
District Court. Kimmel also faces a murder charge in relation to the July
13, 2005 death of Gerry White at an apartment house across the street from
Piner Middle School in Sherman.

While jurors weren't considering the murder charge in the case prosecuted
this week, they did hear some testimony about the incident.

Previously published reports show that Mr. White died from a gunshot wound
to the chest. Police reports said on the day he died, Mr. White had been
involved in an argument and fight with other people outside the apartment
house. Kimmel, the reports said, heard the commotion and brought a 12-gauge
shotgun out to confront Mr. White. Kimmel, the report said, shot Mr. White
and Mr. White fell to the ground. Kimmel fled the area and was eventually
arrested in Fort Worth.

While police investigated the shooting, they entered Kimmel's room in the
apartment complex across from Piner Middle School.

Tuesday in the 59th state District Court, officers testified they found a
bag of rock cocaine in the room in plain sight.

Bobbie Peterson Cate, a contract prosecutor for Grayson County, questioned
police officers about the value of the drugs.

She then stuttered just a little when repeating that the bag found was
worth between $5,000 and $8,000.

That amount of crack cocaine, Cate said, isn't the amount one has for
personal use.

Garland Cardwell, who represents Kimmel on the drug charge, said there were
no fingerprints linking the drugs to his client. He said the police didn't
even try to get prints off the bag until months after the evidence was
removed from the apartment. He also said police were so unconcerned about
the substance that they waited months to have anyone test for narcotics.

Cate said she is the one responsible for the tests that found the bag
contained rock cocaine. She reminded jurors that police officers testified
that they were more concerned looking for evidence that related to Mr.
White's death than drug crimes back in 2005.

Kimmel's self-proclaimed sister-in-law took the stand Tuesday and told
jurors she knew there were drugs in Kimmel's apartment on the day of the
shooting and she knew they didn't belong to Kimmel.

"I put it there," Ruby Davis said when asked about the bag of drugs. The
18-year-old said she got the bag of drugs from a guy named Brian Jackson in
Denison and agreed to hold it for him.

Davis said she didn't see Jackson again after the shooting.

Cate seemed to have trouble believing the story.

"Miss Davis, you were 16 at the time?" Cate asked.

"Yes," Davis said as she adjusted her shirt and swiveled in the chair on
the witness stand.

"And some guy gave you $5,000 worth of dope to hold?" Cate continued in a
tone that dripped with unbelief.

"Do you know what perjury means?" Cate questioned the young woman.

"Nope," came the defiant reply.

"Let me explain it to you," Cate said and then proceeded to do so including
the fact that Davis could be sentenced to prison for up to 10 years if
convicted of the charge.

Davis continued to deny making up the story about the drugs. She even
denied, to a point, ever talking to Cate before.

The teen finally said she did remember telling Cate in a phone conversation
about loving Kimmel and being willing to do what it took to protect him.

Davis told jurors she came forward with the truth about putting the drugs
in Kimmel's place because, "I am not about to sit here and let him get
charged for something he didn't do."

As Davis left the stand and attempted to leave the courtroom, Kimmel said
something to her and she responded. "I love you too."

During her closing argument, Cate told jurors to consider that relationship
and what Davis might stand to gain for telling something less than the
truth on the stand.

Cardwell used his final minutes with the jurors to remind jurors that
officers didn't follow the normal procedures with the drug related
evidence. He said there wasn't really anything that linked his client to
the drugs and he reminded them that an investigator hired by the defense
did find a man who fit Davis' description who is currently in prison on
drug related charges.

Jurors convicted Kimmel and filed quickly out of the courtroom as he
addressed them with blessings.

Wednesday, jurors will hear testimony about Kimmel's past experiences with
law enforcement. Cate said the evidence in the punishment section of the
trial could take as a long or longer than the testimony during the guilt or
innocence phase.

Judge Rayburn Nall Jr. presides over the case.