16th Judicial Prosecuting Attorney Don McSpadden filed a petition for revocation of bond April 15 after former Horseshoe Bend treasurer and accused rapist Chuck Simmons failed to report for a mental evaluation.
Simmons, 48, charged with two counts of rape in May 2001, was scheduled to appear before Circuit Judge John Dan Kemp April 29 after he missed the court-ordered mental evaluation. At press time no ruling had been made.
Kemp ordered Simmons' mental evaluation in April 2002 but the state did not receive the order until January 2003. Defense Attorney Larry Kissee filed a notice of defense of mental disease or defect and said he intends to rely upon that defense.
Simmons is charged in the sexual assaults of two Izard County boys.
Simmons allegedly traveled to Nevada four days before a warrant charging him with rape was issued in early April 2001. He resigned as Horseshoe Bend's treasurer April 6, 2001. The warrant for his arrest was issued April 10, 2001. He turned himself in on May 7, 2001, and pleaded innocent at his arraignment hearing seven days later.
After posting a $20,000 cash bond and a $30,000 property bond he was released from jail and traveled back to Nevada.
The arrest stems from an incident on Dec. 11, 2000, when a juvenile told Lorelei Sellers-Steele, Arkansas State Police investigator, that Simmons had sex with him at least 35 times from 1997 to 2000. The juvenile disclosed that Simmons let him live with him off and on for three years. During that time Simmons would get the juvenile drunk during parties at his home and perform sexual acts on him, the affidavit read.
The juvenile said Simmons threatened to hurt his family if he told anyone about the incidents, according to the affidavit.
Before Derek DeSanto, 19, a second victim, could testify he was found dead Jan. 28, 2003, in the basement of his sister's home in the Lacrosse area of Izard County. According to the Arkansas State Crime Lab the cause of death was by hanging and the manner of death was determined to be suicide. DeSanto, in a sworn affidavit, alleged he was one of the juveniles victimized in the home of Simmons.
The affidavit alleged DeSanto had been repeatedly drugged, sexually assaulted and raped during the nine months he lived with Simmons.