Missing Texas realtor Suzanne Simpson’s husband ‘forcing state’s hand’ in fight to toss murder case: experts
A Texas court is expected to hear arguments from defense attorneys representing Suzanne Simpson's husband, the suspect in her disappearance and presumed murder, apparently showing why his murder indictment should be thrown out.
Suzanne Simpson, a 51-year-old real estate agent and mother of four, went missing Oct. 6, 2024, after reportedly fighting with her husband of 22 years, Brad Simpson, in front of their house in Olmos Park in the San Antonio area. Authorities believe Brad caused Suzanne's death "on or about Sunday, Oct. 6," records show.
"In the grand scheme of things… if pre-trial motions were like the Corleone brothers, I'm thinking that the motion to quash is probably Fredo," Brian Wice, a legal analyst and criminal appellate and post-conviction lawyer, told Fox News Digital.
"I'm not quite sure what Brad Simpson's lawyers are concerned with.… I think maybe there's a question of the manner and means of death," Wice said. "But… even if you're successful, you're just asking the state to draft an indictment that will be sufficient."
Based on his 45 years of experience with appellate law, Wice said, the typical motion to quash is not successful.
Steven Gilmore, Brad Simpson's attorney, said during a March court hearing that he thinks he has "enough evidence to proceed with the motion to quash" the indictment charging Brad with murder, tampering with evidence and prohibited weapons possession, according to KENS5.
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Brad is now scheduled to appear in court on Tuesday at 9 a.m. CST. The hearing was rescheduled from February and then again from March, when both prosecutors and Simpson's defense attorney said they needed more time to go through discovery in the case, which has garnered national attention.
"These people came from a seemingly well-to-do background, unlike so many victims of violent crimes, who do not. And so when you look at it through that lens, I can understand why it's become a national story," Wice explained.
Joey Contreras of Ramos Del Cueto, PLLC, similarly said a motion to quash says prosecutors either "improperly charged an offense" or doesn't give the defendant "enough time to build a defense."
"Ideally, I think as a practical matter, what this does is buys [Brad Simpson] a lot of time, and time always works in favor of the defense, because let's say that he did get his remedy and it was quashed – the state in all likelihood would appeal that," Contreras said.
"That is very atypical for a murder," Contreras said. "Usually, when you have… a body with three bullet holes, it's very easy to charge it with a great deal of specificity. In this case, the state does not have that. So that gives the defense the upper hand a little bit.… They're forcing the state's hand."
However, Brad Simpson could be re-indicted if the state does grant the motion to quash, Ronald Ramos of Ramos Del Cueto said.
Wice noted that "Texas law permits prosecutions for murder without a body."
On Oct. 6, the night of the fight and Suzanne's disappearance, the Simpsons and their 5-year-old daughter attended a party at The Argyle, an exclusive, ritzy club in Alamo Heights. Bystanders witnessed the couple having a "verbal altercation" while at the party, according to an arrest affidavit.
After the party, Suzanne and her daughter apparently went to a grocery store and arrived at their home soon afterward. Later that evening, Suzanne called her family friend to tell her she was stopping by and then called her mother to tell her that Brad had assaulted and injured her.
Around 10 p.m., the family friend's neighbor reported seeing Brad and Suzanne arguing loudly and "physically struggling" in front of his house.
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The neighbor observed Suzanne "attempting to get away from Mr. Simpson's grasp as he tried to pull her downwards." The neighbor also observed Brad chasing after his wife and trying to grab her, according to documents. The neighbor later heard screams coming from the wooded area across from his home.
About one hour after witnessing Suzanne and Brad Simpson fighting in front of his home, the same neighbor saw Brad's truck leave the area and then return about an hour later.
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The next day, surveillance footage from various locations around San Antonio allegedly captured Brad driving his truck with trash bags, a heavy-duty trash can, an ice chest and a "large bulky item wrapped and secured in a blue tarp" that was held down by a firewood rack in the back. When security footage from later that day captured Brad at a gas station, the white trash bags were no longer visible in his truck.
He was apparently seen purchasing two bags of cement, a construction bucket, a box of heavy-duty trash bags, Clorox disinfectant spray and insect repellent with cash at a nearby Home Depot. Later that day, after picking his daughter up from school, he was seen washing his truck.
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Suzanne's friend reported her missing the evening of Oct. 7. When police contacted Brad about his wife's disappearance, he allegedly told them that he had not seen her since Oct. 6, around 11 p.m.
On Oct. 8, Brad exchanged text messages with his longtime friend and business partner, James "Val" Cotter, who is also charged in the case.
"If you're in Bandera, can you haul a-- to meet me at your house?" Simpson allegedly texted Cotter. "I don't have much time."
In a later text to Brad, Cotter wrote, "Get over here!! I won't tell anyone" and "You're my brother."
Cotter was charged with tampering with evidence with the intent to impair an investigation and possession of prohibited weapons in Suzanne's disappearance. He posted bond in November 2024.
Authorities arrested Brad Simpson on Oct. 9, 2024, and Cotter on Oct. 21, 2024. The next day, investigators found a ground-level burn site with a burnt laptop and multiple cellular devices on Simpson's property in Bandera County. They also searched his truck and identified stains that tested "presumtively positive for blood," which were tested and determined to be Brad's blood.
In December, Bexar County Criminal District Attorney Joe Gonzales announced via press release that Simpson had "concealed" a "reciprocating saw" two days after his wife's disappearance, and authorities informed family members that her DNA had been identified on the saw.
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Simpson remains in Bexar County's jail with bonds totaling $3 million and a federal hold by the Bureau of Alcohol, Tobacco, Firearms and Explosives for the weapons charge. His public defender could not be reached for comment.
Fox News Digital's Mollie Markowitz contributed to this report.