Defendant may testify during motions hearing in murder case
A man facing a murder charge in Leavenworth may testify in court later this week.
A defense attorney said Cody J. Nichols probably will testify Thursday during a motions hearing in Leavenworth County District Court.
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.
Prosecutors argue the shooting occurred during a drug transaction. But Nichols’ attorney, Gregory Robinson, argues his client was the victim of an attempted robbery.
Robinson has filed a motion arguing his client is immune from criminal prosecution because he acted in self-defense.
District Judge Gerald Kuckelman began to take up the motion Monday afternoon. But the judge recessed the hearing at 5 p.m. The hearing is scheduled to resume Thursday.
Assistant County Attorney Megan Williams called two witnesses to testify Monday. Williams said she plans to call two additional witnesses Thursday.
Robinson said his client also may testify Thursday.
One of the witnesses who testified Monday was Collin Ireland.
Ireland was present at the time of the July 18 shooting. He testified that Brooks attempted to purchase a vehicle from Nichols in exchange for methamphetamine.
Ireland alleged that Nichols pulled out a gun.
“The next thing I know, I’m getting shot at,” Ireland said.
Ireland testified he was shot in the arm.
During cross examination, Robinson suggested Ireland and Brooks had intended to rob the defendant. Ireland denied this.
Robinson questioned why Ireland did not call the police immediately after leaving the scene of the shooting and why he waited about three hours to go to the hospital.
Nichols remains in custody at the Leavenworth County Jail.