Brian Nichols
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Brian Gene Nichols (born December 10, 1971) is a rapist and murderer known for his escape and
killing spree A spree killer is someone who commits a criminal act that involves two or more murders or homicides in a short time, in multiple locations. The U.S. Bureau of Justice Statistics defines a spree killing as "killings at two or more locations w ...
in the Fulton County Courthouse in
Atlanta, Georgia Atlanta ( ) is the capital city, capital and List of municipalities in Georgia (U.S. state), most populous city of the U.S. state of Georgia (U.S. state), Georgia. It is the county seat, seat of Fulton County, Georgia, Fulton County, the mos ...
, on March 11, 2005. Nichols was on
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...
for
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
when he escaped custody and murdered the judge presiding over his trial, a
court reporter A court reporter, court stenographer, or shorthand reporter is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine, thereby transforming the proceedings into an official certified transcript ...
, 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 Metro Atlanta, designated by the United States Office of Management and Budget as the Atlanta–Sandy Springs–Alpharetta, GA Metropolitan Statistical Area, is the most populous metropolitan statistical area in the U.S. state of Georgia and the ...
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 The middle class refers to a class of people in the middle of a social hierarchy, often defined by occupation, income, education, or social status. The term has historically been associated with modernity, capitalism and political debate. C ...
household in
Baltimore, Maryland Baltimore ( , locally: or ) is the most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic, and the 30th most populous city in the United States with a population of 585,708 in 2020. Baltimore wa ...
, and attended
Cardinal Gibbons School The Cardinal Gibbons School, also referred to as Cardinal Gibbons, CG, and most commonly as Gibbons, was a Roman Catholic high school and middle school for boys in Baltimore, Maryland, USA. A private institution for grades 6–12, Gibbons drew it ...
. He later attended
Kutztown University of Pennsylvania Kutztown University of Pennsylvania (Kutztown University or KU) is a public university in Kutztown, Pennsylvania. It is part of the Pennsylvania State System of Higher Education (PASSHE) and is accredited by the Middle States Commission on Highe ...
in
Kutztown, Pennsylvania Kutztown (Pennsylvania German: ''Kutzeschteddel'') is a borough in Berks County, Pennsylvania, United States. It is located southwest of Allentown and northeast of Reading. As of the 2010 census, the borough had a population of 5,012. Kutztown ...
, from 1989 to 1990, where he played football and was known for having a "knack for trouble". Nichols dropped out of college and moved to Georgia in 1995, where he worked for
Hewlett-Packard The Hewlett-Packard Company, commonly shortened to Hewlett-Packard ( ) or HP, was an American multinational information technology company headquartered in Palo Alto, California. HP developed and provided a wide variety of hardware components ...
and UPS. Nichols was arrested on multiple charges for the rape,
kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...
, and
assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in cr ...
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 In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
and a
hung jury A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again. ...
. 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.


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 Glock is a brand of polymer- framed, short recoil-operated, locked-breech semi-automatic pistols designed and produced by Austrian manufacturer Glock Ges.m.b.H. The firearm entered Austrian military and police service by 1982 after it was th ...
service pistol A service pistol, also known as a personal weapon or an ordnance weapon, is any handgun issued to regular military personnel or law enforcement officers. Typically, service pistols are revolvers or semi-automatic pistols issued to Officer (armed ...
and beat her into a
coma A coma is a deep state of prolonged unconsciousness in which a person cannot be awakened, fails to respond normally to painful stimuli, light, or sound, lacks a normal wake-sleep cycle and does not initiate voluntary actions. Coma patients exhi ...
. 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 and entered the courthouse and the chambers of Judge
Rowland Barnes Rowland Wayne Barnes (April 25, 1940 – March 11, 2005) was an American Superior Court Judge in Fulton County, Georgia. He oversaw the 2003 trial of the professional ice hockey player Dany Heatley, who was charged with vehicular homicide after ...
. On his way to Barnes's chambers, Nichols encountered case managers Susan Christy and Gina Clarke Thomas and attorney David Allman, whom he held at gunpoint and demanded directions to Barnes's location. Sergeant Grantley White entered the courtroom and 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 ''America's Most Wanted'' (often abbreviated as ''AMW'') is an American television program whose first run was produced by 20th Television, and second run is under the Fox Alternative Entertainment division of Fox Corporation. At the time of i ...
'' during his manhunt. A reward of $65,000 was announced for anyone who gave information leading to Nichols' arrest. 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. Later that day, Nichols fatally shot ICE Special Agent David G. Wilhelm and stole his badge, gun, and pickup truck.


Capture

Police received a 9-1-1 call from Ashley Smith, a young woman who said Nichols was at her
Duluth, Georgia Duluth is a city in Gwinnett County, Georgia, Gwinnett County, Georgia (U.S. state), Georgia, United States. Located north of Interstate 85, it is approximately northeast of Atlanta. As of the 2020 United States Census, 2020 census, Duluth had a ...
, 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 Methamphetamine (contracted from ) is a potent central nervous system (CNS) stimulant that is mainly used as a recreational drug and less commonly as a second-line treatment for attention deficit hyperactivity disorder and obesity. Methamph ...
and read portions of ''
The Purpose Driven Life ''The Purpose Driven Life'' is a bible study book written by Christian pastor Rick Warren and published by Zondervan in 2002. The book offers readers a 40-day personal spiritual journey and presents what Warren says are God's five purposes for h ...
'' to him. 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. After she made him pancakes for breakfast, Nichols allowed Smith to leave to see her daughter, when she called the police. Smith received reward money for her assistance in Nichols's capture. Nichols was taken to a
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
field office in
Decatur, Georgia Decatur is a city in, and the county seat of, DeKalb County, Georgia, which is part of the Atlanta metropolitan area. With a population of 24,928 in the 2020 census, the municipality is sometimes assumed to be larger since multiple ZIP Codes in ...
, and then to an Atlanta Police Station, where he confessed on video and detailed his crimes.


Indictment and trial

On May 5, 2005, Nichols was indicted by a
Fulton County Fulton County is the name of eight counties in the United States of America. Most are named for Robert Fulton, inventor of the first practical steamboat: *Fulton County, Arkansas, named after Governor William Savin Fulton *Fulton County, Georgia *F ...
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...
on 54 counts, including
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
,
felony murder The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in s ...
, kidnapping,
armed robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
,
aggravated assault An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...
,
aggravated battery Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to ...
,
theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...
,
carjacking Carjacking is a robbery in which the item taken over is a motor vehicle.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is ...
, and escape from authorities. Nichols initially pleaded 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 Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. Nichols became Georgia's most expensive defendant, with his case topping $3 million for the prosecution and defense combined. 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. While awaiting trial Nichols was found to be planning another escape, and was moved to
DeKalb County DeKalb County may refer to one of several counties in the United States, all of which were named for Baron Johan DeKalb: * DeKalb County, Alabama * DeKalb County, Georgia * DeKalb County, Illinois * DeKalb County, Indiana * DeKalb County, Missouri ...
Jail in October 2006. The trial began on September 22, 2008, in the Atlanta Municipal Court, where Nichols pleaded not guilty by reason of insanity. During the trial the prosecution sought to discredit Nichols's claims of mental instability by playing audio recordings of the murders. 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 Forensic identification is the application of forensic science, or "forensics", and technology to identify specific objects from the trace evidence they leave, often at a crime scene or the scene of an accident. Forensic means "for the courts". Hu ...
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.


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 Suicidal ideation, or suicidal thoughts, means having thoughts, ideas, or ruminations about the possibility of ending one's own life.World Health Organization, ''ICD-11 for Mortality and Morbidity Statistics'', ver. 09/2020MB26.A Suicidal ideatio ...
after breaking up with his girlfriend. 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. Psychology experts testified that Nichols had 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 his belief that white people were conspiring to eradicate the black race.


Conviction and sentencing

The jury deliberated for twelve hours, over two days, before finding Nichols guilty of all 54 counts, on November 7, 2008. On December 13, 2008, Nichols was sentenced to multiple
life sentence Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their natural lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for ...
s with no chance of
parole Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
. Bodiford handed down the maximum sentence on each of the charges, to run consecutively. Nichols was spared multiple
death sentence Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
s 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." Nichols is incarcerated in
Georgia Diagnostic and Classification State Prison Opened in 1969, Georgia Diagnostic and Classification Prison (GDCP) is a Georgia Department of Corrections prison for men in unincorporated Butts County, Georgia, near Jackson. The prison holds the state execution chamber. The execution equipment ...
.


Civil lawsuits

Some family members of the victims filed civil
lawsuits - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...
against Fulton County. Judge Barnes' 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.


In popular culture

Ashley Smith wrote a book about her ordeal with Nichols titled, ''Unlikely Angel: The Untold Story of the Atlanta Hostage Hero''. The book was adapted into the film ''
Captive Captive or Captives may refer to: Arts, entertainment, and media Films * ''Captive'' (1980 film), a sci-fi film, starring Cameron Mitchell and David Ladd * ''Captive'' (1986 film), a British-French film starring Oliver Reed * ''Captive'' (1991 ...
'' in 2015, starring
David Oyelowo David Oyetokunbo Oyelowo ( ; born 1 April 1976) is a British actor, director and producer. His accolades include a Critics' Choice Award and two NAACP Image Awards as well as nominations for two Golden Globe Awards, two Primetime Emmy Awards, ...
as Nichols.


See also

*
Floyd Allen Floyd Allen (July 5, 1856 – March 28, 1913) was an American landowner and patriarch of the Allen clan of Carroll County, Virginia. He was convicted and executed for murder in 1913 after a sensational courthouse shootout the previous year that ...


References


External links


Recording of Gwinnett County Police capturing Nichols


subscription required) * ttp://www.cnn.com/2005/LAW/03/11/atlanta.shooting/index.html Defendant overpowers deputy, kills 3
"Judge, Two Others Killed in Atlanta Courthouse Shooting; Manhunt Continues"



Hostage Gave Meth to Atlanta Fugitive

Lawyers for Brian Nichols Back in Court for Motions
article on the trial (April 17, 2006)




Article update from the ''New Yorker''
February 4, 2008 {{DEFAULTSORT:Nichols, Brian 1971 births Living people African-American people American people convicted of murder American prisoners sentenced to life imprisonment American rapists American spree killers American people convicted of assault People from Baltimore People from Atlanta People convicted of murder by Georgia (U.S. state) American people convicted of theft Prisoners sentenced to life imprisonment by Georgia (U.S. state) Crime in Atlanta Kutztown Golden Bears football players Criminals from Maryland