SAN ANTONIO — Brad Simpson has been jailed for more than two weeks as the search for his wife, Suzanne, continues. But he's fighting to be able to see his children, who have been without their mother since Oct. 6, when she disappeared from their Olmos Park neighborhood north of downtown San Antonio.
The 53-year-old man is behind bars on a slew of charges, including assault and tampering with evidence, with bonds totaling $3 million. As part of his pretrial conditions are stipulations that he can't possess firearms, must stay on house arrest, must be monitored with GPS and must surrender his passport to police.
And, a judge issued a no-contact order that prohibits Simpson from being in contact with his four kids. His attorney, Steven Gilmore, argued in a motion filed Monday that that order goes too far.
"Defendant's children are not complainants in this or any cause, nor has the State alleged any evidence to suggest that this condition is in any way related to the safety of the community or an alleged victim," Gilmore's motion states.
He went on to argue Simpson isn't a flight risk before asking a judge to modify the no-contact order or remove it entirely.
The Bexar County District Attorney's Office said it plans to fight the motion.
In addition to the county charges, Simpson has a federal hold by the U.S. Marshals for allegedly owning an unregistered short-barreled rifle. He's next due in court on Nov. 13.
Building a case
Meanwhile, the search for Suzanne, 51, has circled back to the start. Investigators this week were seen going through the couple's home on East Olmos Drive after scouring the wooded area nearby, sifting through a landfill for four days last week and checking their Boerne property.
No evidence indicating what may have happened to Suzanne has turned up.
"We know they are going to continue this investigation," said Abel Peña, a retired FBI agent who isn't working the Simpson case.
Peña says Simpson's latest charges filed this week – that of tampering with evidence and prohibited firearms – could be a turning point. According to arrest records, Brad Simpson asked his former business partner of over two decades, James Cotter, to hide his AK-47 in Cotter's home as law enforcement closed in earlier this month.
Cotter is also facing charges of tampering with evidence after law enforcement found that gun in the walls of his home this week.
"If his friend, Mr. Cotter, has information that could help police... he is already looking at jail time, certainly that would be a reason to cooperate with authorities," Peña said.
The CLEAR Alert for Suzanne Simpson was discontinued this week by Texas authorities, but Peña said that doesn't necessarily mean investigators believe she's dead.
Suzanne's mother and sister, however, are bracing for that outcome.
"She was a positive person," Barbara Clark, Suzanne's mother, told KENS 5 earlier this month. "She was a very pleasant person in my life. When she was a child, she was such a joy."
Peña said it's possible to build a murder case without a body, if it turns out Suzanne is no longer alive. Police, he said, would need to gather circumstantial evidence to prove a crime was committed.
"You would have to build a very strong and compelling case," he said. "It's been done, but it's very difficult to proceed without a lot of evidence."