A judge on Thursday sentenced a Vancouver man to about 10 years in prison for the April 2023 death of his partner during a fight at their apartment. Kemawi “Eric” Simon, 34, pleaded guilty in Clark County Superior Court to second-degree domestic violence murder. Simon became tearful as he turned to the family of 59-year-old David Giese and apologized for what happened. He said he didn’t mean for Giese to die, and it is hard for him to believe Giese is gone. Simon’s statement came after several of Giese’s family members told the judge of their pain. They asked the judge to sentence Simon to the maximum penalty allowed.

Senior Deputy Prosecutor Toby Krauel and defense attorney Angela Avery requested the judge sentence Simon to the low end of his sentencing range, or 123 months. They agreed to the sentencing recommendation because Simon was taking responsibility for Giese’s death, they told the judge, and because of Simon’s mental health problems and drug addiction. Krauel said the evidence in the case showed both Simon and Giese were under the influence of methamphetamine when they began fighting April 29, 2023, in their apartment’s bathroom. He said the couple had a combative relationship and pointed to Simon’s prior conviction for assaulting a police officer who responded to a report of domestic violence between the couple. Vancouver police responded about 4:30 p.m. to the apartment at 3903 E. 18th St., to assist EMS. Simon reported he had been in a fight with his partner, and he didn’t think his partner was breathing anymore, according to a probable cause affidavit. Medical personnel responded to the unit and found Giese dead in the bathroom. Investigators said it appeared Giese died lying face down on the bathroom floor, but he had been turned over onto his back before medics arrived, court records state.

Investigators said there were signs of a struggle in the bathroom, including damage to a closet door, the affidavit states. Giese had swelling around his left eye and a bite mark to his right hand, according to the affidavit. The Clark County Medical Examiner’s Office later determined Giese died by strangulation. In an interview with police, Simon said he was washing his face in the bathroom when Giese came in and began yelling at him. He said they started shoving each other, causing damage to the closet door. He told officers Giese bit him, and he bit Giese back, according to court records. Simon said the fight ended, and he left the bathroom. He went to the living room to cool off while he thought Giese was using the toilet. When he went to check on Giese after a few hours, he said he saw Giese lying on the floor, the affidavit states. Officers said Simon told them he thought Giese was sleeping and left him alone. After a while, he checked on Giese again, noticed his condition and called 911, according to court records.