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View Full Version : Three Shot Dead at Ga. Trial; Gunman Flees


kasia
03-11-2005, 06:31 PM
surprised there's no thread on this yet...


U.S. National - AP

By HARRY WEBER, Associated Press Writer

ATLANTA - A man being escorted into court for his rape trial Friday stole a deputy's gun, killed the judge and two other people and carjacked a reporter's vehicle to escape, setting off a massive manhunt and creating widespread chaos across Atlanta, police said.

Hundreds of officers in cruisers and helicopters swarmed the area in the search of the suspect, identified as 33-year-old Brian Nichols. The former computer technician had been on trial for rape, burglary and other charges stemming from an August incident involving an ex-girlfriend.


The rampage led to chaos around the city, with schools, restaurants and office buildings locking down amid fears that the suspect might strike again. Nichols' mug shot was plastered all over TV screens, and highway message boards issued descriptions of the stolen vehicle.


"Mr. Nichols is considered armed and extremely dangerous and should not be approached," Fulton County Sheriff Myron Freeman said. "We are not going to rest until we find him."


Nichols got the gun by overpowering the female deputy while he was being led down a corridor in the Fulton County Courthouse, Assistant Police Chief Alan Dreher said. After shooting the deputy in the face, the suspect then went to the courtroom, held about a dozen people at bay for a short time and shot and killed the judge and a court reporter, he said.


Another deputy was later killed outside the Atlanta courthouse when he confronted the suspect, Dreher said. The deputy shot while leading Nichols to court survived, but details about her condition were not immediately known.


Authorities said Nichols then pistol-whipped a reporter for The Atlanta Journal-Constitution, stole his green 1997 Honda Accord and sped away.


"When he had the gun in my face, you start to think, `How can I stay alive.' I thought this was a routine carjack. I didn't know two people other were killed," said Don O'Briant, a features writer for the paper.


Lt. Gov. Mark Taylor confirmed that Superior Court Judge Rowland Barnes and his court reporter were among the dead.


The shootings occurred after the judge and prosecutors had requested extra security for deputies after investigators found a shank in each of Nichols' shoes Thursday, prosecutor Gayle Abramson said. She said Nichols apparently fashioned the shanks from a door knob.


Fulton County District Attorney Paul Howard said he did not know what exactly was done in the way of stepped-up security, but said the deputies were receptive to their request. Dreher said that there were no other officers other than the female deputy assisting with taking Nichols to court. The law requires that defendants on trial not be handcuffed as they enter the courtroom, to make sure the sight of cuffs doesn't unfairly influence the jury.


The shootings occurred shortly after 9 a.m. Friday — the fourth day of Nichols' trial. Nichols had been facing a re-trial on charges of rape, sodomy, burglary, and false imprisonment, among others, after his earlier trial ended in a hung jury a week ago.


"I think he probably realized ... he might be convicted this time, he might not have a chance to walk out," Howard said. "We believe he came here with the intent to make sure that didn't happen."


In the rape case, Nichols was accused of bursting into his ex-girlfriend's home, binding her with duct tape and sexually assaulting her over three days. Howard said Nichols brought a loaded machine gun into the home and a cooler with food in case he was hungry.


Nichols, who had been jailed for the last six months, had faced a possible life prison sentence if convicted for rape.


Nichols' last known job was working as a computer technician for a subsidiary of Atlanta-based shipping giant UPS. Company spokesman Norm Black says Nichols joined the unit in March 2004 and left in September 2004, which was when he was arrested.


More than 100 state troopers and officers from several agencies, including the FBI (news - web sites), were assisting in the search, but there were few leads, said G.D. Stiles, a Fulton County deputy chief. Offers of help from officers on their days off were pouring in.





Telephone and e-mail requests for comment to Nichols' attorney, Barry M. Hazen, were not immediately returned Friday.

Barnes was known for his personable approach to justice and his sense of humor, and members of Georgia's legal community expressed shock by the news.

Among the recent cases that Barnes handled was the sentencing of Atlanta Thrashers player Dany Heatley, who pleaded guilty to vehicular homicide in the death of a teammate.

Barnes, 64, also drew national attention last month when he approved a plea deal that required a mother of seven who pleaded guilty to killing her 5-week-old daughter to have a medical procedure that would prevent her from having more children.

"We're shook to the core," said Linda Dreyer, a longtime employee in the court administrator's office who knew Barnes.

"This is a profound shock. It's so unthinkable, it's like a 9-11 at the courthouse," said fellow Judge Craig Schwall.

James Bailey, a juror at Nichols' trial, said the jury was not in the courtroom at the time of the shooting. He said Nichols had made him and other jurors nervous. "Every time he looked up, he was staring at you," Bailey said.

****

Judge Rowland Barnes Mourned

The murder of Superior Court Judge Rowland Barnes inside his Fulton County courtroom Friday morning left the legal community to mourn the loss of a well-loved professional and family man.

Judge Barnes is survived by his wife, Claudia, who worked for one of her husband's colleagues inside the courthouse. Their adult daughter works in the Clayton County solicitor's office.’

“Judge Barnes was a conscientious judge who fully appreciated his role in making the ideals set forth in the Constitution and laws of this state tangible and meaningful to everyday citizens. He will be sorely missed,” Governor Sonny Perdue said in a statement released to the media.

"The sadness among lawyers is so great, it can't be expressed," said defense attorney Ed Garland. "Of course, he was adored by his family."

Garland recently brought the case of Atlanta Thrashers player Dany Heatley before Judge Barnes. Heatley, charged with vehicular homicide in the death of a teammate, pleaded guilty.

Judge Barnes sentenced Heatley to 36 months of probation, while ordering him to pay a $3,000 fine and $25,000 in restitution to cover the cost of the state attorneys prosecuting him.

"He constructed a result in that case that truly did justice for all," Garland said.

Barnes most recently gained national attention when he accepted a mother's decision to undergo a sterilization procedure in lieu of facing prison time for the death of her 5-week-old daughter.

Barnes was, "a bright light for justice, with huge compassion and love and humor. The whole state and every citizen has had a great loss today," Garland said. "He was just deeply loved. Everyone knew that he cared about justice for both sides."

Gov. Zell Miller appointed Barnes to the bench on July 10, 1998. He is a 1972 graduate of Emory Law School in Atlanta and a graduate of Lebanon Valley College.

"The entire courthouse is in an extreme state of shock. It's an unspeakable tragedy. Judge Rowland Barnes was one of the nicest, most unassuming, decent people ever to wear a rob and I never heard anyone speak ill of him," state court Judge Craig Schwall told 11Alive's Denis O'Hayer.

"He was fair, he was tempered, he was beloved around the courthouse."

Richard Gard, the editor and publisher of the Fulton County Daily Report, said, “He was a judge who was very down to earth, very no nonsense. He ran a very good courtroom, lawyers had tremendous respect for him for his rulings and appearing before him.”

Thomas Salata, a lawyer, said Judge Barnes never spoke down to them. “He was never ashamed, never ceased to stop learning about the law. He did have a love affair with knowing it , learning it and he appreciated well-prepared attorneys,” he said.

Judge Schwall said Barnes would pay for an annual Christmas party for his courthouse staff. Barnes and his wife carpooled to work everyday.

"It was just the neatest thing in the world to see the two of them come to work together, leave together, and just be as happy as they could be. The courthouse will never, ever be the same."

pikachupacabra
03-11-2005, 06:37 PM
I'm not too sure, but perhaps suspects who are being brought to a courthouse should be put into handcuffs. I can see the reasoning behind not using them but at the same time...I dunno. This is kinda scary.

AliBabaIncorporated
03-12-2005, 01:11 AM
I guess biometric trigger locks might be a good idea? But at a more basic level, people who have guns gotta be a hell of a lot more tensed-up than they seem to be, even with a cooperative suspect. There was a similar case I've seen before (the one where they're blaming Grand Theft Auto for the kid who killed 3 cops) ... the kid got brought into the station, sat down in an interrogation room, then grabbed the cop's own gun and shot him with it.

Chu Chi
03-12-2005, 09:11 AM
I'm not too sure, but perhaps suspects who are being brought to a courthouse should be put into handcuffs. .


The BEST strategy I know is to prevent fire arms from entering the entire building

I have seen this strategy in use.

You pass through a screening room and the door locks behind you. You walk down a hall and go through another door .

Once you are in, nobody has a gun, not even the deputies.

But I did feel safe because alot of the deputies were large and in shape.

CC

I guess biometric trigger locks might be a good idea? .

I don't know any cops who want those. Its just another thing to go wrong RIGHT when you need it to work the most.

What if you get shot in the right arm and have to use your left hand?

The key is better training.

CC

Hiroshi2
03-12-2005, 05:13 PM
You know what, I hate to be insensitive and politically incorrect, and my condolescences to Officer Hall (the female officer who had her gun stolen from Nichols) but what the hell was a petite, 5-foot-tall woman doing guarding a 6'1", 210-lb former football player? I'm skinny (6'4", 170 lbs) and I could've thrown her ass around like a toy, I'm sure.


Perhaps law enforcement should exercise a little more common sense in the future.

Chu Chi
03-12-2005, 06:18 PM
It may be a budget issue. There is a smaller pool of Mike Tyson Jesse Ventura types, the more qualifications you add, the higher the costs.

But as I stated before, with compensatory training, tragic events such as this one can easily be avoided.

Im afraid somebody needs to resign on this one.

CC

nola
03-12-2005, 07:38 PM
This is so sad for all parties involved.

Grasshopper
03-12-2005, 08:23 PM
You know what, I hate to be insensitive and politically incorrect, and my condolescences to Officer Hall (the female officer who had her gun stolen from Nichols) but what the hell was a petite, 5-foot-tall woman doing guarding a 6'1", 210-lb former football player? I'm skinny (6'4", 170 lbs) and I could've thrown her ass around like a toy, I'm sure.


Perhaps law enforcement should exercise a little more common sense in the future.

Yes, it's not a good idea to put a smallish woman to guard a suspected rapist. Especially when he is uncuffed and was caught the day before bringing homemade knives into court.

By the way did they give him a limo ride to court as well!!!! :mad:

Shogun Empress
03-14-2005, 11:47 AM
'I believe God brought him to my door'
Taken hostage in her home, Duluth woman shared her life, faith

By BILL RANKIN, DON PLUMMER
Atlanta Journal-Constitution
Published on: 03/14/05
Just two days after moving into her Duluth apartment, Ashley Smith is up late unpacking.

About 2 a.m. Saturday, the 26-year-old runs out of cigarettes and heads to a convenience store to buy a pack of Marlboro Light Menthols.

When she returns, she sees a man in a truck waiting outside her door. She had seen the man earlier, but didn't think much of it. Seeing him again puts her on high alert.

She gets out of her car and shuts the door.

She hears the truck door close about the same time. Fear rises in her.

Holding her key in her hand, she makes her way to her front door and senses his presence. As she slides her key into the lock, she turns to face the man from the truck. She screams. He pokes a gun into her ribs.

"Stop screaming," he demands. "I won't hurt you if you stop screaming."

She fears the worst — that she will be raped and killed.

"Do you know who I am?" he asks.

He is wearing a dark blazer beneath a red ski parka but no shirt. He has a new UGA cap on his head.

She doesn't know him.

He removes the cap, showing his shaved head.

"Now do you know who I am?" he asks again.

She recognizes him now: Brian G. Nichols. She begins to tremble.

"I won't hurt you," he tells her.

He takes her into the bathroom, places her in the tub and sits on a small chair, holding a gun.

He leaves her to check for other people in the apartment. When he returns, he tries again to reassure her. "I don't want to hurt anyone else," he says.

He worries that her screams could bring too much attention. "If you scream, the police will come. There will be a hostage situation," he says. "I'll have to kill you and kill myself."

He binds her with masking tape and carries her into the bedroom, where he restrains her with more tape, an electrical cord and some curtains. He makes no sexual advance.

"I just need to relax," he tells her.

He needs a shower and leads her as she hops back to the bathroom. He sits her on the chair and drapes a towel over her head for modesty. He places his guns on the counter and showers.

After he finds some fresh clothes — a T-shirt from a bar where she once worked and the trousers of a former boyfriend. He seems to be calmer.

He unbinds her and they sit in her living room.

"I've had a really long day," he says.

He offers her some faint explanation — maybe his first to account to anyone of how he had spent this long day.

"I feel like I'm a warrior. The people of my color have gone through a lot."

But he says he's had enough. "I don't want to hurt anybody anymore," he tells her. "I don't want to kill anybody.

"I want to rest."

The atmosphere becomes more normal, as normal as it could be.

Smith asks if he would mind if she reads.

Nichols says OK. She gets the book she'd been reading, "The Purpose Driven Life." It is a book that offers daily guidance. She picks up where she had left off — the first paragraph of the 33rd chapter.

"We serve God by serving others. The world defines greatness in terms of power, possessions, prestige and position. If you can demand service from others you've arrived. In our self serving culture with its me first mentality, acting like a servant is not a popular concept."

He stops her and asks her to read that again.

They talk and lose track of time. They look at her family photos. "Who's this?" he asks, pointing to a picture. "Who's this?"

She tells him about her family. Her husband died in her arms four years ago after he had been stabbed in a knife fight in Augusta, her hometown. She has a 5-year-old daughter.

She implores him not to kill her because that would leave her daughter without a mother or a father.

She tells him she is supposed to visit her daughter Saturday morning about 10 a.m. at Hebron Baptist Church in Dacula. She hadn't seen her in two weeks. "She's expecting to see me," she tells him. "She's already been through a lot in her life."

Smith shows Nichols her husband's autopsy report. "That's what a lot of people will have to go through now, because of what you've done," she tells him. "You need to turn yourself in. No one else needs to die, and you're going to die if you don't."

Smith asks Nichols how he feels about what he did — what about the families of the victims?

She senses a change. "He wasn't a warrior anymore," she recalled later.

"You can go in there right now, pick up that gun and kill me," he tells her. "I'd rather you do it than the police."

He talks about his mother, who is in Africa on business, and wonders what she must be thinking about her son.

They sit watching the TV news of the shooting spree. The screen fills with the story of his attack on Cynthia Hall, the 51-year-old deputy he had overpowered Friday morning to begin his rampage.

"I didn't shoot her," Nichols interjects. "I hit her really hard. Lord, I'm sorry. . . . I hope she lives."

He sees himself on the broadcast. "I can't believe that's me," he says.

Nichols later pulls out the badge and driver's license of David Wilhelm, the U.S. customs agent whom he is accused of killing hours before. He hands them to Smith.

Smith looks at the license and tells Nichols that Wilhelm was 40 years old. "He probably has a wife and kids," she says.

"I didn't want to kill him," Nichols says. "He wouldn't do what I asked him to do. He fought me, so I had to kill him."

Smith tells Nichols he must surrender.

"I deserve a bullet in the back," he tells her.

No, Smith says, but he must be held accountable for what he did.

Smith tells Nichols his life still has a purpose. By ministering to other inmates, "you can go to jail and save many more people than you killed."

As the night wears on, Smith begins to feel her chances improve.

Nichols tells her he will let her go to see her daughter later in the morning.

Around 6:15 a.m., Nichols says that before sunrise he needs to move the truck he is accused of stealing from Wilhelm.

She agrees to follow him in her car. He leaves the guns under her bed.

As they drive, Smith thinks about calling 911 on her cellphone, but she decides against it. She fears police will come and surround them. There'd be a shootout.

Nichols ditches the truck off Buford Highway, about two miles from the apartment complex.

"Wow, you didn't drive off," Nichols says as he gets into her car. "I thought you were going to."

She drives him back to her apartment. She no longer doubts that she will be set free.

Back at the apartment, Nichols is hungry. She cooks him eggs and pancakes, gives him fruit juice. They have breakfast together.

Nichols asks when she needs to see her daughter. At 10:00 a.m., Smith responds. It'd be good if she could leave at 9:30 to get there.

Smith washes the dishes and gets ready to leave.

Nichols asks her to come visit him in jail. "You're an angel sent from God to me," he tells her. "I want to talk to you again. Will you come see me?"

She tells him she will.

"I'll be back in a little while," she says.

Nichols gives her an odd look that makes Smith wonder whether he believes her.

At the door, he hands her $40. "Take it," Nichols says. "I don't have any need for it."

Nichols holds an electronic stud finder he took from Wilhelm's truck and asks if he can hang some of her pictures or curtains while she's gone.

Smith tells him to do whatever he likes.

As she walks into the bright, warm daylight, Smith begins to tremble. She drives to a stop sign and dials 911. She tells the dispatcher that Nichols is in her apartment.

Within minutes, a Gwinnett police SWAT team swarms outside Smith's apartment. Nichols holds out a white piece of cloth and surrenders. Smith was watching from behind a van parked across the parking lot.

Sunday night, after recounting her time with Nichols, Smith said she believes there was some purpose to his finding her.

"I believe God brought him to my door so he couldn't hurt anyone else," she said.

Hiroshi2
03-14-2005, 07:38 PM
I don't know if y'all realize it, but Georgia is like another little Texas when it comes to killing people.................he WILL be put to death, and something tells me the state ain't gonna wait 15 years to do that shit, either. He just might get put at the front of the line (special treatment).


He deserves it though. He really does.

missmeow
03-15-2005, 05:30 PM
He will be put to death. He not only killed local enforcement, he killed a CBP officer as well.

>:^|
03-16-2005, 09:36 AM
You know what, I hate to be insensitive and politically incorrect, and my condolescences to Officer Hall (the female officer who had her gun stolen from Nichols) but what the hell was a petite, 5-foot-tall woman doing guarding a 6'1", 210-lb former football player? I'm skinny (6'4", 170 lbs) and I could've thrown her ass around like a toy, I'm sure.


Perhaps law enforcement should exercise a little more common sense in the future.

While I have some reservations about very small officers (including many men), I think this is more of a case of somebody screwing up than a case of small women making lousy guards.

A number of male correctional and police officers have been killed with their own handguns. Nobody uses that as an argument that men shouldn't be cops.

Actually, I think it's a good argument that anybody shouldn't be a cop.