Arraignment continued in Nichols case

John Richmeier

A man accused of murder in Leavenworth was scheduled to have an arraignment Friday. But the arraignment has been continued because prosecutors are asking the judge to reconsider an earlier ruling.

At issue was a ruling made at the conclusion of an Oct. 13 preliminary hearing for Cody J. Nichols.

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 is charged in connection to the July 18 shooting death of Sanquan M. Brooks in Leavenworth. Prosecutors have alleged Nichols was involved in a drug deal that led to Brooks’ death.

At the conclusion of the preliminary hearing, District Judge Gerald Kuckelman found there was probable cause to bind over the case for trial. But Kuckelman ruled the underlying felony should be attempted possession of methamphetamine because evidence presented during the hearing did not show that Nichols had been selling drugs, according to a motion filed by Assistant County Attorney Megan Williams.

Williams argues in her motion that distribution of methamphetamine should be the underlying felony in the case. The motion argues that all participants in a crime are equally guilty regardless of the extent of their participation.

“As long as they are participating to some extent, they are not only participating in that underlying felony, they are also liable for any death that occurs,” Williams wrote in her motion.

Nichols’ attorney, Gregory Robinson, has asked that he be allowed to file a response to the motion after a transcript of the preliminary hearing is available.

Kuckelman continued the motion and arraignment to Nov. 13.

Twitter: @LVTNewsJohnR