Simmons Fighting Extradition Back To Texas To Face Capital Murder Charges; DA Applies For Governors Warrant:

Weapons charges in Taney County have been dropped against a capital murder suspect from Texas who kept authorities at bay in a day long stand-off with authorities in Branson last month.

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Taney County Prosecutor Jeff Merrell dropped those charges against Mark David Simmons, 51, in an effort to get Simmons extradited back to Texas so he can be arraigned on capital murder charges for the April 17, 2009, death of his business partner Steven Wayne Woelfel.

But Simmons is fighting extradition back to the Lone Star State.

Simmons landed on law enforcers radar after a pair of motel robberies in Branson the weekend of June 26, 2009. A police officer conducting routine license plate checks at area hotels looking for the car believed used in the motel robberies located a car similar to one used in the robberies at the Walnut Lane Motel and Spinning Wheel Motel. When he ran the plate he learned the car was stolen and was probably being operated by Simmons. The Hyundai Sonata had been reported stolen from Rockport, TX, by Simmons mother. "

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Simmons taken into custody by Branson Police Chief Carroll McCollough following daylong stand-off. (courtesy Hometown Radio)

According to the Hays Free Press, authorities in Buda, Texas, found the decomposing body of 55 year-old Woelfel, who had been shot at least five times, in a detached garage that had been set on fire. Sources say that Simmon's lived with Woelfel's decaying body for a week then moved it to the garage and set it on fire in an attempt to cover-up the crime.

About five minutes after fire crews arrived at the scene of the arson fire, an explosion from inside the house blew out the windows and back and front walls of the residence. Investigators say Simmons allegedly rigged the explosion by a leaving a lit candle near a disconnected gas line to the stove in an effort to injure firefighters.

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Firefighters at scene of arson fire of Steven Woefel's home (courtesy Hays Free Press)

Simmons' mother, Wanda Simmons, says her son is a paranoid schizophrenic who she believes had not been taking his medication. She told investigators that her son was employed as a ceramic tile worker. Woelfel, owned Precision Tile, a business he operated out of his home.

The Criminal District Attorney for Hays County, Texas, Sherri Tibbe says, "We are putting the final touches on a request for a governors warrant to extradite Simmons back here to face charges. That will be filed in Texas by the end of the business day today. We really don't know how long it will take to get him back here....we're at the mercy of the court, and hoping it will move as quickly as possible."

The Attorney Generals office and the Department of Corrections will become involved in the extradition process according to Scott Holste, spokesman for Governor Jay Nixon's office. "Once all the criteria for extradition is met, our office here will work to make sure this is processed as quickly as possible."

Merrell says, "Once the case against Simmons gets rolling in Texas I may decide to refile charges against him."