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COURTS Man says he shot nagging girlfriend by accident Comment By Mark Freeman Mail Tribune MailTribune.com By Mark Freeman Mail Tribune Posted May. 11, 2015 at 5:18 PM Updated May 12, 2015 at 9:27 AM By Mark Freeman Mail Tribune Posted May. 11, 2015 at 5:18 PM Updated May 12, 2015 at 9:27 AM » Social News A 43-year-old man addled by alcohol, marijuana and sleep deprivation claims he fatally shot his girlfriend by accident while only trying to frighten her into stopping her incessant nagging so he could sleep, the man's attorney said in court Monday. Jurors in Robert Joseph Simonson's murder trial heard in opening statements that the case will hinge on whether they believe Simonson intended to kill 52-year-old Kimberly Ann Staack in the early hours after Halloween night in 2013 while inside a Rogue River apartment the two transients shared. Prosecutor Lacie Nelson told jurors that Staack was a "mean drunk" who ruthlessly badgered Simonson for hours that night before he fired a warning shot to the floor then deliberately fired one round from the black-powder pistol into Staack's head. "He had a gun and used it to reclaim his pride," Nelson told jurors. But defense attorney Donald Scales told jurors that a drunken and sleep-deprived Simonson was "stupid" and "reckless" when he pointed the gun near Staack only "to put the ringing in her ears" but tragically shot her. Scales said the case will hinge on whether prosecutors can prove Simonson intended to kill Staack when he fired the fatal shot — a key legal threshold differentiating murder from manslaughter under Oregon law. "This is not a whodunnit," Scales said. "We're not looking for the real killer here. The issue is what was his intent when he fired that gun. "Intent to shoot is not intent to kill," Scales said. Prosecutors were scheduled to call their first witness in the case Tuesday morning in Jackson County Circuit Court. The trial was scheduled for four days. Simonson, who police said had a lengthy out-of-state criminal record, faces charges of murder, being a felon in possession of a firearm, unlawful possession of a firearm, tampering with physical evidence and interfering with a police officer stemming from the Nov. 1, 2013, shooting in a Rogue River Highway apartment near Rogue River where the transient couple were briefly staying. The firearms charges stem from Simonson's possession of the pistol, which was defective and needed the cylinder and firing hammer to be manipulated manually to be fired. The tampering charge stems from Simonson allegedly hiding the gun outside of the apartment before police arrived, and the interfering charge was for allegedly climbing on top of the still-alive Staack after the arrival of police, who had to physically pull him off Staack to render aid. Neither Scales nor Nelson went into detail Monday in court on what the couple bickered about that day, and the two did not offer differing renditions of what led to the fatal shot. They differed, however, in what they claimed Simonson intended when the shot was fired. Nelson in court outlined how Simonson initially called the shooting a suicide then changed it to various versions of a struggle over the weapon before reaching his final story of the shot accidentally hitting Staack in the head. Nelson said he reached his breaking point over the bickering and made a "snap decision to shoot her in the head." Simonson's intent when he fired the fatal shot is what differentiates murder from potential lesser charges such as first-degree manslaughter. For a murder conviction, jurors must decide he intended to kill Staack when the shot was fired. First-degree manslaughter requires reckless behavior while showing extreme indifference to the value of human life. Murder carries a mandatory 25-year minimum sentence under Oregon law, while first-degree manslaughter carries a 10-year mandatory minimum. Reach reporter Mark Freeman at 541-776-4470 or [email protected] . Follow him at www.twitter.com/MTwriterFreeman . Note: The headline has been corrected to more accurately reflect the defendant's claims. By Mark Freeman Mail Tribune MailTribune.com By Mark Freeman Mail Tribune Posted May. 11, 2015 at 5:18 PM Updated May 12, 2015 at 9:27 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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