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.
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.
The Leavenworth Times
A motions hearing for a man facing a murder charge in Leavenworth has been continued until next month, according to court records.
The hearing in the case of Cody J. Nichols is now scheduled for May 10.
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, has filed a motion arguing his client is immune from criminal prosecution because he acted in self-defense.
Hearing set for immunity motion in murder case
The Leavenworth Times
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.
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