Drifter Convicted In Shooting Death

Oregon drifter Gary Simms has been convicted of voluntary manslaughter for shooting a Jerome man to death last summer.

Simms, 39, could be sentenced to up to 30 years in prison for killing David Luna at a Hagerman-area swimming hole on July 27.

The jury returned the verdict early Friday morning after six hours of deliberations, Gooding County Prosecutor Phil Brown said. It also convicted Simms of using a gun to commit a felony.

Simms, who admitted to police on tape that he fired a shotgun into Luna’s abdomen, was acquitted of second-degree murder. He never testified in his own behalf.

Defense attorney Patrick McMillen maintained Simms brandished the gun in self-defense, but insisted it went off accidentally.

Witnesses testified tensions were running high between Hispanics and Anglos at the Mermaid swimming hole. They said Luna had been drinking and was acting belligerent before Simms shot him.

Cradling a sawed-off shotgun, Simms told Luna to back off, but he refused.

The maximum penalty for voluntary manslaughter is 15 years in prison and a $15,000 fine. The firearm enhancement carries up to 15 years in prison.

Fifth District Judge Barry Wood ordered a pre-sentence investigation and is expected to sentence Simms sometime next month.

Simms served five years in prison for aggravated assault following a 1976 conviction in Portland, Ore.