A judge has ruled a man facing a murder charge in Leavenworth is not immune from prosecution.
Cody J. Nichols argued he should be immune from prosecution because he acted in self-defense when he shot Sanquan M. Brooks last year.
But District Judge Gerald Kuckelman said Thursday that immunity is not available to the defendant because the judge believes Nichols was involved in a drug transaction at the time of the shooting.
“This was a drug transaction that went wrong,” Kuckelman said.
Brooks was killed July 18 in Leavenworth.
Nichols, 20, is charged with 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.