Defendant arguing immunity from prosecution
A man who is facing a murder charge in Leavenworth is arguing he should be immune from prosecution because he acted in self-defense.
Cody J. Nichols, 20, is charged with first-degree murder in connection to the July 18 shooting death of Sanquan M. Brooks in Leavenworth.
Nichols, who is scheduled to appear in court today, is accused of what is known as felony murder, which is a form of first-degree murder. Felony murder occurs when someone is killed during the commission of a felony that is considered inherently dangerous.
Nichols’ attorney, Gregory Robinson, has filed a motion for immunity for criminal prosecution.
In the motion, Robinson argues Nichols was the intended victim of aggravated robbery.
Robinson argues his client went to the scene of the shooting to sell a vehicle. The attorney argues Brooks threatened his client with a handgun.
“Nichols, who was also armed with a handgun, defended himself against this lethal threat through the use of deadly force,” Robinson wrote in his motion.
The defense attorney argues the use of force by Nichols was justified and the defendant is immune from prosecution under state law.
The prosecution also has filed a motion in the case asking the judge to reconsider an earlier ruling.
That motion concerns the underlying felony related to the murder charge.
At the conclusion of a preliminary hearing in October, District Judge Gerald Kuckelman ruled the underlying felony should be possession or attempted possession of methamphetamine based on evidence presented during the hearing.
Assistant County Attorney Megan Williams has asked the judge to reconsider this ruling. She filed a motion arguing distribution of methamphetamine should be the underlying felony in the case.
Nichols remains in custody at the Leavenworth County Jail.