Brian Nichols

{{Infobox criminal

| name = Brian Nichols

| image_name = BrianNicholsMugshot.jpg

| image_size = 245px

| image_caption = Mugshot of Nichols taken in 2020

| birth_name = Brian Gene Nichols

| birth_date = {{Birth date and age|mf=yes|1971|12|10}}

| birth_place = Baltimore, Maryland, U.S.

| death_date =

| death_place =

| charge = Murder, kidnapping, robbery, aggravated assault on a police officer, battery, theft, carjacking, rape and escape

| conviction_penalty = Life imprisonment

| conviction_status = Incarcerated

| fatalities = 4

| injuries = 1

| weapons = .40 caliber Glock

}}

Brian Gene Nichols (born December 10, 1971) is a convicted murderer known for his escape and killing spree in the Fulton County Courthouse in Atlanta, Georgia, on March 11, 2005. Nichols was on trial for rape when he escaped custody and murdered Rowland Barnes, the judge presiding over his trial; a court reporter; a Fulton County Sheriff's deputy; and later, an ICE special agent. Twenty-six hours after a large-scale manhunt was launched in the metropolitan Atlanta area, Nichols was taken into custody. The prosecution charged him with committing 54 crimes during the escape; he was found guilty on all counts on November 7, 2008, and was subsequently sentenced to life in prison.

Early life

Nichols grew up in a middle class household in Baltimore, Maryland, and attended Cardinal Gibbons School.{{cite news|title=A Manhunt and a Woman's Story|newspaper=Washington Post|url=https://www.washingtonpost.com/wp-dyn/articles/A35137-2005Mar14.html|first=Manuel|last=Roig-Franzia|date=March 15, 2005|access-date=April 26, 2010}}

He later attended Kutztown University of Pennsylvania in Kutztown, Pennsylvania, from 1989 to 1990, where he played football and was known for having a "knack for trouble".{{cite web|url=https://pqasb.pqarchiver.com/sun_sentinel/access/806977531.html?dids=806977531:806977531&FMT=ABS&FMTS=ABS:FT&type=current&date=Mar+13%2C+2005&author=Joe+McDermott+The+Morning+Call&pub=South+Florida+Sun+-+Sentinel&desc=SOME+RECALL+A+KNACK+FOR+TROUBLE&pqatl=google|title=Some Recall a Knack for Trouble|publisher=South Florida Sun–Sentinel|author=Joe McDermott|date=March 13, 2005|access-date=January 4, 2011|archive-date=November 5, 2012|archive-url=https://web.archive.org/web/20121105011905/http://pqasb.pqarchiver.com/sun_sentinel/access/806977531.html?dids=806977531:806977531&FMT=ABS&FMTS=ABS:FT&type=current&date=Mar+13,+2005&author=Joe+McDermott+The+Morning+Call&pub=South+Florida+Sun+-+Sentinel&desc=SOME+RECALL+A+KNACK+FOR+TROUBLE&pqatl=google|url-status=dead}} Nichols dropped out of college and moved to Georgia in 1995, where he worked for Hewlett-Packard and UPS.{{cite news|title=Larry King Live|date=March 15, 2005|work=CNN|url=http://transcripts.cnn.com/TRANSCRIPTS/0503/15/lkl.01.html}}

Nichols was arrested on multiple charges for the rape, kidnapping, and assault of a former girlfriend after discovering that she was dating a minister from the church that they both attended. The first attempt at a trial ended with a mistrial and a hung jury.{{cite magazine|title=Annals of Law:Death In Georgia|magazine=The New Yorker|date=February 4, 2008|access-date=September 12, 2015|url=http://www.newyorker.com/reporting/2008/02/04/080204fa_fact_toobin}} While awaiting a second trial, friends and family members of Nichols expressed concern that he would attempt to escape, having tried to formulate an escape plan with a friend.{{cite news|title=3 Slain in Atlanta Courthouse Rampage|newspaper=Washington Post|url=https://www.washingtonpost.com/wp-dyn/articles/A28346-2005Mar11.html|first1=Manuel|last1=Roig-Franzia|date=March 12, 2005|access-date=April 26, 2010}}

Shootings and escape

On March 11, 2005, Nichols overpowered Sheriff Deputy Cynthia Hall while changing clothes at the Fulton County Courthouse. He stole her Glock service pistol and beat her into a coma.{{cite web|last=Lott|first=John|title=Affirmative Action Has Mixed Results for Cops|url=https://www.aei.org/articles/affirmative-action-has-mixed-results-for-cops/|publisher=Fox News|access-date=June 4, 2021}} Nichols had previously attempted to sneak "shanks" into the courtroom via his shoes. Nichols changed into civilian clothes originally intended for use during the trial.

Nichols encountered case managers Susan Christy and Gina Clarke Thomas and attorney David Allman, whom he held at gunpoint and demanded lead him to Barnes's chambers. Sergeant Grantley White attempted to disarm Nichols but failed and was forced to

handcuff the others. White set off an alarm which Nichols attempted to dispel using White's radio. Nichols progressed into the courtroom where he fatally shot Barnes and court reporter Julie Ann Brandau. He fatally shot Sergeant Hoyt Teasley while escaping the courthouse. Nichols stole several vehicles during his escape and was featured on America's Most Wanted during his manhunt.{{cite news|title=Nichols was calm after shooting, before hijacking|work=AJC|url=http://www.ajc.com/services/content/metro/atlanta/stories/2008/10/01/nichols_trial_atlanta.html?cxtype=rss&cxsvc=7&cxcat=13}}[https://web.archive.org/web/20050318093542/http://www.amw.com/fugitives/brief.cfm?id=30703 America's Most Wanted]

A reward of $65,000 was announced for anyone who gave information leading to Nichols's arrest.{{cite news|title=Hunt on for Atlanta Courthouse Shooter|work=Fox News|url=http://www.foxnews.com/story/0,2933,150201,00.html|date=March 12, 2005}} Nichols attempted to kidnap a young woman as she was walking home from a gymnasium. He fled after her boyfriend defended her and he heard her call 9-1-1.{{cite news|title=Witness describes gunpoint encounter with Nichols|work=AJC|url=http://www.ajc.com/metro/content/metro/atlanta/stories/2008/10/02/brian_nichols_trial.html}} Later that day, Nichols fatally shot ICE Special Agent David G. Wilhelm and stole his badge, gun, and pickup truck.{{cite news|title=Atlanta courthouse killings suspect captured|publisher=CNN|url=http://www.cnn.com/2005/LAW/03/12/atlanta.shooting|date=March 13, 2005|access-date=April 26, 2010}}

Capture

Police received a 9-1-1 call from Ashley Smith, a young woman who said Nichols was at her Duluth, Georgia, apartment. Law enforcement responded and Nichols surrendered. Authorities recovered several stolen firearms and Special Agent Wilhelm's wallet. The stolen truck was discovered about two miles from the apartment. Smith told police Nichols had forced his way into her apartment on March 12, and held her hostage at gunpoint for seven hours. She gave Nichols methamphetamine and read portions of The Purpose Driven Life to him.{{cite news |title=Culture Digest: Ashley Smith gave kidnapper crystal meth, she says in book |date=September 28, 2005 |access-date=2007-01-22 |author=Erin Curry |work=Baptist Press |url=http://baptistpress.com/bpnews.asp?ID=21740 |url-status=dead |archive-url=https://web.archive.org/web/20070202171425/http://baptistpress.com/bpnews.asp?ID=21740 |archive-date=February 2, 2007 |df=mdy }} She tried convincing Nichols to turn himself in by telling him about her husband's death, and showing him a scar she got in a car wreck while under the influence of drugs.{{cite news|title=Shooting suspect's hostage: I gave him meth|publisher=The Associated Press|work=NBC News |date=September 27, 2005|access-date=2007-01-22|url=http://www.nbcnews.com/id/9505849|archive-url=https://web.archive.org/web/20140911014717/http://www.nbcnews.com/id/9505849/|url-status=dead|archive-date=September 11, 2014}} After she made him pancakes for breakfast, Nichols allowed Smith to leave to see her daughter, whereupon she called police.{{cite news|title=Nichols to make court appearance today|work=CNN.com|url=http://www.cnn.com/2005/LAW/03/14/atlanta.shooting|date=March 15, 2005|access-date=April 26, 2010}} Smith received reward money for her assistance in Nichols's capture.{{cite news|title=Ashley Smith Collects $70,000 Reward|work=About.com|author=Charles Montaldo|url=http://crime.about.com/b/2005/03/25/ashley-smith-collects-70000-reward.htm|access-date=September 23, 2008|archive-url=https://web.archive.org/web/20080622043603/http://crime.about.com/b/2005/03/25/ashley-smith-collects-70000-reward.htm|archive-date=June 22, 2008|url-status=dead}}

Nichols was taken to a Federal Bureau of Investigation field office in Decatur, Georgia, and then to an Atlanta Police Station, where he confessed on video and detailed his crimes.{{cite news|title=Brian Nichols' family braces for trial|work=Atlanta Journal-Constitution|url=http://www.ajc.com/metro/content/metro/stories/2008/03/11/nichols0311.html}}{{cite news|title=Nichols' judge: Mental illness did not lead to confession|work=AJC|url=http://www.ajc.com/metro/content/metro/atlanta/stories/2008/09/02/nichols_confession_evidence.html}}

Indictment and trial

On May 5, 2005, Nichols was indicted by a Fulton County grand jury on 54 counts, including murder, felony murder, kidnapping, armed robbery, aggravated assault, aggravated battery, theft, carjacking, and escape from authorities.{{cite news|title=Grand Jury Indictment|url=http://www.11alive.com/includes/art/news/nichols/nichols_indictment.pdf|archive-url=https://wayback.archive-it.org/all/20081001230747/http://11alive.com/includes/art/news/nichols/nichols_indictment.pdf|url-status=dead|archive-date=2008-10-01}} Nichols initially pled not guilty, with his lawyers stating that they wanted to defend Nichols on the basis of mental health. Fulton County District Attorney Paul Howard announced he would seek the death penalty. Nichols became Georgia's most expensive defendant, with his case topping $3 million for the prosecution and defense combined.{{cite news|title=Brian Nichols defense tab put at $2.9 million|publisher=Access North Georgia|url=http://www.accessnorthga.com/detail.php?n=221972&c=6|access-date=September 12, 2015|archive-date=July 28, 2014|archive-url=https://web.archive.org/web/20140728193403/http://www.accessnorthga.com/detail.php?n=221972&c=6|url-status=dead}}

The case was presided over by Superior Court Judge Hilton Fuller and was set to take place in July in the same courtroom in which the murders had taken place. The trial was placed on hold to find new accommodation, as Superior Court Judge James Bodiford ruled that "fundamental fairness" made a different location necessary.{{cite news|title=Judge: Move gunman's trial from crime scene|work=CNN|url=http://edition.cnn.com/2008/CRIME/07/10/courthouse.shootings/index.html|date=July 11, 2008|access-date=April 26, 2010}} While awaiting trial Nichols was found to be planning another escape, and was moved to DeKalb County Jail in October 2006.{{cite news|title=State: Nichols' Phone Calls 'Damning'|work=11Alive|url=http://www.11alive.com/news/article_news.aspx?storyid=92973}}{{Dead link|date=October 2019 |bot=InternetArchiveBot |fix-attempted=yes }}{{cite news|title=Report: Brian Nichols Had Plans to Escape|work=Fox 5|url=http://www.myfoxatlanta.com/myfox/pages/Home/Detail?contentId=5396584&version=2&locale=EN-US&layoutCode=TSTY&pageId=1.1.1}} The trial began on September 22, 2008, in Atlanta Municipal Court, where Nichols pled not guilty by reason of insanity.{{cite news|title=Judge tried to speed up Nichols jury selection |work=AJC |url=http://www.ajc.com/metro/content/metro/atlanta/stories/2008/08/16/nichols_jury_trial.html?cxntlid=inform_artr |url-status=dead |archive-url=https://web.archive.org/web/20081219065251/http://www.ajc.com/metro/content/metro/atlanta/stories/2008/08/16/nichols_jury_trial.html?cxntlid=inform_artr |archive-date=December 19, 2008 }}{{cite web|title=Courthouse shooting trial opens|url=http://www.washingtontimes.com/news/2008/jul/11/courthouse-shooting-trial-opens|publisher=Associated Press|author=Greg Bluestein|date=July 11, 2008|access-date=May 20, 2008}}

During the trial the prosecution sought to discredit Nichols's claims of mental instability by playing audio recordings of the murders.{{cite news|title=Jury hears tape of courthouse shootings |work=AJC |url=http://www.ajc.com/metro/content/metro/atlanta/stories/2008/09/22/brian_nichols_trial_tape.html |url-status=dead |archive-url=https://web.archive.org/web/20080926050641/http://www.ajc.com/metro/content/metro/atlanta/stories/2008/09/22/brian_nichols_trial_tape.html |archive-date=September 26, 2008 }} Witnesses testified that Nichols had not shown signs of mental illness during his rape trial.

Nichols admitted the shootings in a statement to police, but claimed the shooting of Wilhelm was due to the special agent pointing a gun at him. Forensic evidence did not support this, instead showing Wilhelm had been shot while kneeling, and that he had other injuries indicating that he was not holding a gun.{{cite news|title=Nichols' team balks over forensic expert |work=AJC |url=http://www.ajc.com/services/content/printedition/2008/09/19/nichols.html?cxntlid=inform_artr |url-status=dead |archive-url=https://web.archive.org/web/20081219065451/http://www.ajc.com/services/content/printedition/2008/09/19/nichols.html?cxntlid=inform_artr |archive-date=December 19, 2008 }}{{cite news |title=Ashley Smith Testifies At Nichols Trial |work=CBS46 |url=http://www.cbs46.com/news/17633999/detail.html# |url-status=dead |archive-url=https://web.archive.org/web/20081007205618/http://www.cbs46.com/news/17633999/detail.html |archive-date=October 7, 2008 |df=mdy }}

Defense

Nichols's defense argued that he was insane and should not be held accountable for his actions, stating that he had previously shown signs of depression and suicidal ideations after breaking up with his girlfriend.{{cite news|title=Rape Victim Questioned By Defense in Nichols Trial|work=11alive news|url=http://www.11alive.com/news/local/story.aspx?storyid=122401&catid=3}}{{Dead link|date=October 2019 |bot=InternetArchiveBot |fix-attempted=yes }} An attorney who represented Nichols in his rape trial testified that Nichols had believed his ex-girlfriend still loved him despite receiving injuries from the rape, and would not testify against him.{{cite news|title=Attorney: 'There's something wrong' with Nichols |work=AJC |url=http://www.ajc.com/services/content/printedition/2008/10/18/nichols.html |url-status=dead |archive-url=https://web.archive.org/web/20081219065502/http://www.ajc.com/services/content/printedition/2008/10/18/nichols.html |archive-date=December 19, 2008 }}{{cite news| title=Psychologist: Troubled childhood led to Nichols' delusion| work=AJC| url=http://www.ajc.com/services/content/metro/atlanta/stories/2008/10/22/nichols_trial_atlanta.html?cxtype=rss&cxsvc=7&cxcat=13| archive-url=https://web.archive.org/web/20081219070658/http://www.ajc.com/services/content/metro/atlanta/stories/2008/10/22/nichols_trial_atlanta.html?cxtype=rss&cxsvc=7&cxcat=13| url-status=dead| archive-date=December 19, 2008| df=mdy-all}} Psychology experts testified that Nichols had an abusive childhood and that his father's drug abuse led to Nichols abusing drugs as well. The defense provided college papers written by Nichols expressing conspiracy theories that white people were conspiring to eradicate the black race.{{cite news |title=Seeds of Nichols's Delusions Planted in College Years |work=WABE |url=http://publicbroadcasting.net/wabe/news.newsmain?action=article&ARTICLE_ID=1395575§ionID=1 |url-status=dead |archive-url=https://web.archive.org/web/20081023054900/http://www.publicbroadcasting.net/wabe/news.newsmain?action=article&ARTICLE_ID=1395575§ionID=1 |archive-date=October 23, 2008 |df=mdy }}

Conviction and sentencing

The jury deliberated for twelve hours, over two days, before finding Nichols guilty of all 54 counts, on November 7, 2008.{{cite news| url=http://www.cnn.com/2008/CRIME/11/07/nichols.courthouse.shooting/index.html | work=CNN | title=Courthouse shooter guilty of murder, faces death - CNN.com | date=November 7, 2008 | access-date=April 26, 2010}}

On December 13, 2008, Nichols was sentenced to multiple life sentences with no chance of parole. Bodiford handed down the maximum sentence on each of the charges, to run consecutively. Nichols was spared multiple death sentences when the jury failed to reach a unanimous decision, as required by Georgia law, to recommend the death penalty. Bodiford said, "If there was any more I could give you, I would."{{cite news| url=https://www.nytimes.com/2008/12/14/us/14atlanta.html | work=The New York Times | title=Multiple Life Terms for Courthouse Killings in Atlanta | date=December 14, 2008 | access-date=April 26, 2010}} Nichols is incarcerated in Georgia Diagnostic and Classification State Prison.

Civil lawsuits

Some family members of the victims filed civil lawsuits against Fulton County. Judge Barnes's widow won a $5.2 million lawsuit. County commissioners agreed to pay $5 million to Julie Ann Brandau's daughter, Christina Scholte, who also sued.{{cite news|title=Georgia Seeks Death Penalty in 2005 Courthouse Shooting|publisher=Fox News|url=http://www.foxnews.com/story/0,2933,426105,00.html|date=September 22, 2008}}

In popular culture

Ashley Smith wrote a book about her ordeal with Nichols titled, Unlikely Angel: The Untold Story of the Atlanta Hostage Hero.{{cite book|last1=Smith|first1=Ashley|last2=Mattingly|first2=Stacy|title=Unlikely Angel: The Untold Story of the Atlanta Hostage Hero|url=https://books.google.com/books?id=fr1FBn8jkoAC|publisher=Harper Collins|access-date=15 December 2016|language=en|date=16 November 2010|isbn=9780062034977}} The book was adapted into the film Captive in 2015, starring David Oyelowo as Nichols.

References

External links

[https://web.archive.org/web/20081221143240/http://gwinnett.ga.scanamerica.us/LibraryArticle138.html Recording of Gwinnett County Police capturing Nichols]
[https://www.nytimes.com/2005/03/11/national/11cnd-atla.html?hp&ex=1110603600&en=369820db45b64914&ei=5094&partner=homepage Man Flees After Killing Judge and 2 Others at Atlanta Court](subscription required)
[http://www.cnn.com/2005/LAW/03/11/atlanta.shooting/index.html Defendant overpowers deputy, kills 3]
[http://www.foxnews.com/story/0,2933,150119,00.html "Judge, Two Others Killed in Atlanta Courthouse Shooting; Manhunt Continues"]
[https://web.archive.org/web/20050601035729/http://www.wsbtv.com/news/4451980/detail.html Grand Jury Indicts Nichols]
[https://web.archive.org/web/20060202101047/http://www.wtopnews.com/index.php?sid=577679&nid=104 Hostage Gave Meth to Atlanta Fugitive]
[http://www.firstcoastnews.com/news/georgia/news-article.aspx?storyid=55862 Lawyers for Brian Nichols Back in Court for Motions]{{Dead link|date=July 2020 |bot=InternetArchiveBot |fix-attempted=yes }} article on the trial (April 17, 2006)
[https://web.archive.org/web/20070228035730/http://www.lexisone.com/news/ap/ap010807c.html State of the trial 2007]
[https://www.usatoday.com/news/nation/2005-03-13-ga-courthouse_x.htm USA Today's report on the incident]
[http://www.newyorker.com/reporting/2008/02/04/080204fa_fact_toobin Article update from the New Yorker], February 4, 2008