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Court denies appeal of Beaumont man who claimed there was 'not sufficient evidence' to support jury's decision

Texas' Ninth Court of Appeals denied his claim and upheld his conviction and 38-year prison sentence.

BEAUMONT, Texas — A Texas appeals court has denied the appeal of a Beaumont man sentenced in 2023 to 38 years for continuously trafficking a teenage girl to perform sex acts at an area motel.

Shun Eric Simon was found guilty in 2023 by a Jefferson County jury on a charge of continuous sexual abuse of a person, which is a felony charge. 

Simon appealed his conviction claiming there was not sufficient evidence to support the jury's decision. 

Simon said in his appeal that, "the phone records and ads indicated that the victim was in fact engaging in prostitution," but the state's case that he was involved "rested entirely upon the conjecture and opinions" of a detective and the sexual assault nurse examiner (SANE). 

The assaults on the teen happened over at least 30-days according to court documents.

The appeals court ruled that, "a rational factfinder could have found beyond a reasonable doubt," that Simon either knowingly trafficked the victim or compelled her to engage in prostitution.

The appeals court then denied his appeal.  

Shun Eric Simon was sentenced to 38 years. He originally faced anywhere from 25 to 99 years or life in prison, with no probation. He previously rejected a plea agreement for 25 years.

RELATED: Beaumont man sentenced to 38 years for continuously trafficking teenage girl at area motel

The investigation that led up to the trial began after the National Trafficking Hotline sent a tip to the Beaumont Police Department on October 24, 2019 about sex trafficking in Beaumont involving a teenage girl, according to a probable cause affidavit. 

After receiving the tip, police later gathered evidence about a phone that was used to facilitate the trafficking of the victim. The number tied to the phone belonged to Simon, according to the affidavit. 

Police also collected evidence in the form of ads from a "known prostitution website."

Provocative pictures of the victim were found in the ads, and sexual services were offered on the site in exchange for money. The victim later identified herself as the person on the ads and said Simon took pictures of her and controlled the meet-ups with the “Johns,” according to the affidavit.

The victim stated she would give all the money to Simon after a sexual encounter.

Police believe Simon was posting ads for sexual services and communicating with "Johns" from September 12, 2019 through about October 22, 2019.

Det. Charles Duchamp testified about ads featuring the victim.  Duchamp testified that some of the ads were posted by Simon, and some of the ads were posted by the victim herself. 

Duchamp testified about a cell phone that was used to upload ads to the site and a search warrant that was obtained to search the phone. 

He said evidence found on the phone verified that it was used to upload ads and that the phone belonged to Simon. 

After the court returned from recess, Duchamp resumed testimony about text messages found on the defendant's phone. 

He also explained the process some of the customers involved went through to set up meetings with the underaged girl. 

Simon will also have to register as a sex offender for the remainder of his life. 

This is a developing story. We will update with more if and when we receive more confirmed information.

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