Simmons joins Matthew James Tolson and Jamarkos Campbell, both 23, as suspects in the murders of Upton and Shangraw, who were shot to death inside a trailer in the Hubble community on Feb. 1, 2002.
Two teenage girls were also present in the trailer when the murders occurred, leading to the attempted murder charges against Simmons.
Campbell was arrested in April, and Tolson was charged last week after he was arrested in Sevierville, Tenn. Both were juveniles when the murders occurred and authorities have not released their names or any information about their charges. The Advocate-Messenger has identified them through other sources.
A Lincoln County grand jury returned a sealed indictment last month in the Upton/Shangraw murders. Campbell is believed to have been indicted, but authorities won't comment because of his juvenile status. It is unclear if the sealed indictment names other suspects as well.
The indictment will be unsealed after arraignments Aug. 22 in Lincoln Circuit Court, said Stacy Akers, a paralegal for Commonwealth's Attorney Eddy Montgomery.
Campbell and Tolson have thus far only been charged with murder, not the additional charges leveled against Simmons.
"I think it will become more clear when the indictments are unsealed," Akers said this morning.
Court records show Tolson was convicted in Madison Circuit Court in 2003 for trafficking in cocaine and marijuana, and resisting arrest, and was sentenced to 12 months in jail.
He also was charged with misdemeanor assault, alcohol intoxication and disorderly conduct in Richmond that same year, records show.
Tolson was picked up July 29 in Sevierville for being a fugitive from justice and extradited to Kentucky on July 31. He has been arraigned and pleaded not guilty to the charges in juvenile proceedings in Lincoln County, said Susanne McCollough, a public defender who represents Campbell and represented Tolson for the arraignment. She has not identified either suspect by name.
Tolson is being held without bond in the Lincoln County Regional Jail, state police said. Campbell, who also has pleaded not guilty to the murder charges, is in custody in Owensboro, serving a two-year prison sentence after pleading guilty in May to bringing cocaine into the Madison County Detention Center.
State police said in a release concerning Simmons' arrest that more arrests are expected in the case. Trooper Chris Lanham, a spokesman for the KSP post in Richmond, could not be reached this morning for further comment. Akers also said additional people will be charged in the murders but could not offer any specifics.
"This is a very active investigation right now," she said. "There are more charges forthcoming against other individuals. It could be today or it could be a month."