Hearing set for immunity motion in murder case

John Richmeier
The Leavenworth Times
Cody Nichols

A hearing has been scheduled for next week to determine whether a man should be immune from prosecution for a murder charge in Leavenworth County.

The hearing for Cody J. Nichols is scheduled for April 21 in Leavenworth County District Court, according to court records.

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 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, argues his client acted in self-defense. Robinson has filed a motion for immunity for criminal prosecution.

The hearing on the motion was scheduled as Nichols appeared in court Friday for his arraignment. He pleaded not guilty to the murder charge, according to court records.

During Friday’s hearing, the judge granted a prosecution motion. The motion asked the judge to reconsider an earlier ruling from the preliminary hearing in Nichols’ case.

At the conclusion of the 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 argued the underlying felony should be distribution of methamphetamine. She argued the defendant was involved in what was supposed to be an exchange of a vehicle for drugs.

Williams filed a motion asking the judge to reconsider the ruling. And court records indicate this motion was granted.

Nichols remains in custody at the Leavenworth County Jail.

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