Brandon Simmons trial begins in deputy's wounding

Did Brandon Simmons fire six shots at Charleston County sheriff's Deputy Jeffrey DeGrow in January, or was Simmons mistakenly identified?

A Charleston County jury heard opening arguments in Simmons' trial Monday and is expected to issue its verdict by week's end. Simmons faces two counts of assault and battery with intent to kill and one count of possessing a firearm during a violent crime.

Ninth Circuit Solicitor Scarlett Wilson said Simmons shot DeGrow after he had chased Simmons around a mobile home Jan. 21 on James Island.

DeGrow, who had arrived at the Grimball Road area to investigate a home burglary there, was struck in the eye, head and body but survived the attack.

"This is an old-fashioned investigation with eyewitnesses," she said. "You have to be the judge about the witnesses. ... They aren't perfect people. They don't lead perfect lives, but you will see how it all fits."

Simmons' attorney, Beattie Butler of the Charleston County Public Defender's Office, began by telling the jury that he hadn't wanted to appear before them. "Ours is a law and order society, and it should be," he began.

But then Butler noted that the initial description of the shooter that DeGrow sent out -- dressed in a black jacket and black pants and sporting a goatee -- didn't match Simmons' appearance upon his arrest, when he wore different clothes and had a full beard.

Butler called this a "tough case" that would require "strength and courage."

"I'm honored to be here before you," he concluded in his opening argument. "I am proud to stand here and represent Brandon Simmons. I wouldn't want it any other way."

DeGrow, who was wearing an eye patch, sat between Wilson and Assistant Solicitor Dale Savage. His testimony could come today.

Before opening arguments, Circuit Judge Deadra Jefferson heard arguments about whether a photo lineup should be admitted in the trial. While he was in the hospital, DeGrow picked Simmons from among six photographs. Jefferson ruled that the lineup was not unduly suggestive and could be admitted.

DeGrow had investigated a burglary report near Cuffy and Seawater lanes and moments later confronted three men, who fled. He gave chase on foot and pulled out his Taser as he drew close to one suspect.

Wilson told the jury that DeGrow was able to pinpoint Simmons as the shooting suspect with ease. "'One-hundred percent sure,' he said," she added.

Investigators have not found the handgun used in the shooting, but Wilson said it appeared to be a revolver because no spent cartridges were found at the crime scene.

The first witness to testify Monday was Benny Brown, a truck driver who called in the burglary report. He testified that he did not see any suspects.

Simmons' brother, Theodore Simmons, 21, and a cousin, Curtis Williams, 21, were charged with misprision of a felony.

Reach Robert Behre at 937-5771.