On Thursday, 05-24-12, at approx. 2:43 pm; Officers with the Asheville Police Department responded to a vehicle collision in the 500 block of Smokey Park Hwy. near the intersection of Acton Circle.
The investigation revealed that the driver, 27 year old Harry Kimmons of Lacy Lee Ln. in Candler, was in an argument with his fiancée Jennifer Simpson while in the parking lot of BI-LO on Smokey Park Hwy. The argument escalated to the point that Ms. Simpson and her daughter, 8 year old Erica Phillips, exited the vehicle and began walking westbound on Smokey Park Hwy., while Mr. Kimmons drove off westbound.
Shortly thereafter, Mr. Kimmons returned to the scene eastbound, and struck Ms. Simpson and her daughter as they were walking on the sidewalk. The physical evidence at the scene, as well as witness statements, suggest that this was an intentional act by Mr. Kimmons.
The mother in this incident, Jennifer Simpson, sustained life threatening injuries and is currently in fair condition at Mission Hospital after suffering multiple broken bones to her lower extremities, and head trauma. The child in this incident, Erica Phillips, succumbed to her extensive injuries and died shortly after transport to Mission Hospital.
After consultation with the District Attorney’s Office, Mr. Kimmons was charged with 1st Degree Murder for the death of Erica Phillips and Assault w/ a Deadly Weapon Inflicting Serious Injury w/ Intent to Kill, on Ms. Simpson.
The APD Traffic Safety Unit, as well as Detectives from the Criminal Investigations Division, are continuing to investigate. He is currently being held in the Buncombe County Detention Facility on NO BOND.