Simms defends himself in Norwalk criminal trial

NORWALK, Conn. – Travis Simms sat in a Norwalk courtroom Tuesday, testifying in his own defense against two criminal charges, contradicting the words of three Norwalk Police officers.

Simms’ wife, Sandra Stokes, also testified in the District B Councilman’s defense, wiping tears as she recalled the “very traumatic experience.”

A Stratford man who claimed not to know Simms  spoke in the boxer’s defense, saying he was walking to the South Norwalk train station on the night in question and happened to see the altercation, in an account that jibed with that given by Simms and Stokes.

Aong other contradictions, Simms, who is charged with Breach of Peace second degree and interfering with an officer, said Officer Paul Wargo pulled what looked to be a gun on him and his wife, not a Taser.

The matter is expected to be in the hands of the jury Wednesday afternoon but Judge William Holden may issue a ruling to overturn a conviction on the Breach of Peace second degree charge, should the jury find Simms guilty.

The half-day of court proceedings was filled with drama, starting right off the bat with a late defendant.

“What’s his bond?” Holden asked the clerk 20 minutes after the trial was scheduled to begin, with no sign of Simms. The clerk said Simms was on his way through the metal detector at the entrance of Norwalk Superior Court, drawing a testy “I don’t care, what’s his bond?” from Holden.  The answer was $1,000. Minutes later, Holden accused Simms of “sauntering in” with a cavalier attitude.

Defense lawyer Michael Skiber said Simms had never been late before in 2.5 years of court proceedings. States Attorney Naomi Prinz said the bond issue was up to Holden, and he dropped it after five or 10 minutes of caustic comments, most directed at Skiber.

Skiber’s motion to have the case dismissed due to the prosecution’s error on paperwork that the jury will not see – the incident was listed as Aug. 18, 2012 instead of Aug. 19, 2012 – was called “disingenuous” by Prinz. Holden said the mistake had not hampered the defense’s ability to gather evidence and ruled against the motion.

There’s more hope for Simms on Skiber’s motion for acquittal on the basis that the definitions of Breach of Peace second degree were not met by the prosecution’s case. Although Holden initially said it was up to the jury to review the evidence, at the end of the proceedings Holden said he would delay ruling on that until after the jury’s verdict.

Stokes took the witness stand first. She was followed by Michael Brown of Stratford, who said he happened to be in a South Norwalk barber shop a few weeks ago and heard a conversation about the Simms trial. He realized that he had seen the altercation and contacted Simms’s associates. He had never met Simms but recognized him during the incident, because he grew up in Norwalk and was aware of Simms’ status as a boxer, he said.

Stokes said a phone call on the night in question had caused her to be concerned about her sister-in-law – Holden would not allow her to relay what she had been told, calling it hearsay – and she went downstairs to rouse a “half asleep” Simms, who was dozing on the sofa. She eventually convinced him to go out and check on his sister, Sephylia Paulk.

She did not know what was happening, she said, just that she couldn’t raise Paulk on the phone.

Although Officer Gabriel Demott, Det. Jared Zwickler and Wargo said in Monday’s testimony that two Land Rovers had arrived at Townhouse Gardens on Monroe Street and disgorged 8 to 10 people, Stokes and Simms said it was just them, in one vehicle. They said they hadn’t gone to start a fight and hadn’t known police were there until they arrived and found a lot of police cars.

“I was recuperating from kidney stones. I didn’t want to be there other than to pick (Paulk) up,” Stokes said.

Simms said he was relieved to see police because he knew they would have control of the situation. He was also relieved to see his sister looking fine, he said.

Stokes said everything was peaceful until Wargo came at them “very aggressively” in an almost-run. Holden would not allow her to say what Wargo had yelled at them – more “hearsay” – until she was being cross examined by Prinz. She quoted Wargo as saying, “Get the F— out.”

During one of the several times the jury was absent from the room, Stokes quoted Wargo as saying “What the F— are you doing here? Get the F— out.” Wargo was mean, very stern, loud and angry she said outside the jury’s presence.

Wargo pointed at her, yelling and screaming, she said to the jury.

She backed up, put her hands up, she said. “You know who I am,” she quoted her husband as saying. “I’m not looking for trouble, I’m looking for my sister.”

Three cops ran their way, she said.

“(Wargo) grabbed me, pulled me down and punched me,” Stokes said.

There was a long pause as Stokes tried to pull herself together, and she began wiping away tears. Simms was Tased, and, lying on the ground next to her, told her to calm down, that everything would be alright, she said.

Simms said that the firearm in Wargo’s hand was black, not yellow like a Taser. He looked like he was on the verge of tears when he said that Stokes and Paulk stepped between him and Wargo.

“I was afraid for my wife’s life, as well as mine,” Simms said. “He yelled, ‘Bitch, get out of the way.’”

Hearsay, Holden said, disallowing that phrase.

Zwickler testified Monday that he had shot the Taser at Simms.

“We stood with our arms up,” Simms said. “We didn’t want any problem. I said, ‘You guys know me. Call your supervisor, ask who is Travis Simms?’ He was hearing nothing of it. He grabbed my wife and punched her in the stomach. … I saw this officer basically foaming at the mouth.”

Brown’s version began with, “They were yelling harsh things at him. His wife was there.”

Brown said an officer pulled what looked to be a gun, and the two women stepped in front of Simms.

“The officer grabbed his wife by her hair and hit her in the stomach,” Brown said. “He forced her to the ground.”

Simms had not raised his arms and had made no violent movements, Brown said.

Police said Simms had yelled that he was a Councilman, as if to lord power over them, and said he was a world champion boxer.

Simms said he had said he was a Councilman and a boxer, but just to establish that he was a friend of the police. Simms said he had “absolutely not” used foul language, acted aggressively or raised his hands when he approached police officers. “I never used any disrespect toward police officers,” he said.

He said that when police threw him to the ground, he hit it face first. He was knocked almost unconscious and everything got blurry, he said.

“You hit the ground, you hit the ground. It’s not a person punching back,” he said.

He struggled again to retain his composure, saying that he told Stokes to stay calm, that everything would be alright, as he laid on the ground.

She was gasping for air and crying, he said.

Prinz asked Simms about his physical condition.

“I wouldn’t say I am in optimal condition or anything like that,” Simms said.

He said he hadn’t fought in 4½ years, then amended that statement to say he had a “tuneup fight” last summer, “a very small fight down in South Carolina.”

“I am a highly regarded Councilman in my district and I would never put myself in a position like that,” Simms said. “Nor would I put my wife (in that position).” Urban youth look up to him, he said. “I engage with my constituents quite often,” he said.

Simms was not a Councilman at the time of the incident. Prinz asked him for the dates of his service and he confirmed that fact.

Simms said the incident took place at the apartment of Councilwoman Sharon Stewart. Stewart was not on the Council at that time, although Simms talked in his testimony as if police knew at the time knew of the status she had not attained yet. Prinz did not ask about that.

Prinz asked why, if Simms was relieved when he saw that his sister was OK and that was the only reason he had come to the scene, did he not leave? Simms said he was talking to officers.

Prinz also asked Brown how he knew he had been there on Aug. 19. “Because of the description of it,” he said. “… I was pretty certain that’s what they were talking about.” He said he had no independent recollection of the date.

The prosecutor said she reserved the right to ask more questions of Simms on Wednesday. She had an investigator looking into something, which she said Simms had opened the door to with his testimony. The investigator needed a little time, she said.

Simms referred to a non-violent background when he testified. Fighting is done in the ring, he said.

Holden told each of the lawyers that they would have an hour for closing arguments on Wednesday. The trial will begin at 10, although Holden said he wanted them there at 9:45.

On Monday, Skiber said Wargo refers to himself as a “regulator” on his Facebook page. A copy of that page was obtained by NoN and is attached below.

Wargo’s Facebook profile photo is at left. On the Facebook page, which is now unavailable to people who are not friends, Wargo explains the new profile photo with the words, “Out looting in Ferguson,” according to the printout of the page made before it went private.

Wargo’s MySpace page has the slug “warcrimes0331.”

Wargo was one of three officers accused of police brutality after Darien High School football coach Christian Garnett was injured during an October 2013 arrest. Chief Thomas Kulhawik said Tuesday that the investigation was closed as “Not substantiated.”

Wargo FB