Prosecutors apparently Do not intfinish to file first-diploma homicide costs in the direction of the deffinishant who’s charged in an April 2021 home violence-associated capturing in Glenwood Springs By which the sufferer was paralyzed and finally died late final yr.

A slew of movements filed by the protection recently Inside the tried homicide case in the direction of Padvertrikea Nichols, 36, of Silt, search to suppress sure statements and proof Inside the case.

Padvertrikea Nichols
Garfield County Prison reserving photograph

Public deffinisher Alex Haynes advertditionally requests thOn the Ninth District Lawyer’s Office flip over information pertaining to the demise of Thomas Powell in November 2021.

Thomas was married to Nichols’ ex-spouse, and the capturing happenred after an alleged verbal argument and confrontation involving the three over their relationship.

“The protection is conscious that Mr. Powell is deceased and the District Lawyer’s Office is investigating that demise,” Haynes wrote in a Jan. 9 movement that’s pfinishing earlier than Garfield District Decide John Neiley.

“Counsel recently found thOn the (district attorney) Does not intfinish to file A class one felony based mostly on whOn they know,” Haynes wrote. “Whereas There is a said intention To not file first-diploma homicide costs Presently, any modifications to Which might vastly influence this case.”

To rearrange, the protection asks to be Provided with information pertaining to Powell’s demise, collectively with “ballistics, underlying blood look at knowledge and witness statements.”

Powell, who was 26, died Nov. 12, 2021, in New Rochelle, N.Y., outdoors of NY metropolis. The demise was being investigated by Westchester County, N.Y., medical look atrs, however end outcomes of that investigation Have not but entered into the case in the direction of Nichols.

As a Outcome of it stands, Nichols is charged with tried first-diploma homicide and first-diploma assault in Reference to the capturing that happenred Barely after 8 p.m. April 26, 2021, behind A house Inside the 800 block of Pitkin Avenue in downtown Glenwood Springs.

Nichols has claimed self-protection Inside the incident, By which Glenwood Cops arrived To Seek out Powell bleeding from a quantity of gunshot wounds. He was air-lifted to a trauma center in Denver the place he underwent a quantity of surgical procedures and was hospitalized for a prolonged Time interval.

As recently as an Oct. 21, 2021 preliminary listening to Inside the case, Based on representations by prosecutors, Powell was dwelling in Ny and reportedly paralyzed from the neck down and on a ventilator.

After the capturing incident, Nichols fled the scene however was arrested later that Evening time at his house in Silt. A handgun Current in his house was allegedly related with the capturing.

Nichols stays Inside the Garfield County Jail on $250,000 bond.

The request for Particulars about Powell’s demise And a quantity of completely different completely different protection movements are scheduled to be heard by Decide Neiley on Feb. 11. The case is scheduled to go to trial over two weeks in late March and early April.

Also Amongst The numerous protection movements is a request of the judge to suppress statements madverte by Nichols following his arrest to a Garfield County Division of Human Providers worker associated to youngsters that Nichols and his ex-spouse hadvert collectively.

These statements have been obtained in the direction of Nichols’ rights and “…Weren’t volunteered however pretty the product of interrogation,” Haynes argues Inside the Jan. 10 movement. Nichols was not suggested of his rights earlier than that interview, Based on the movement.

Further movements search to suppress information obtained from Nichols’ Mobile teletelephone, and To discover out whether or not “baby hearsay” Ought to be advertmissible Inside the case.

The Evening time earlier than the capturing, Based on police look atimony On the Oct. 21 preliminary listening to, Nichols and his ex-spouse have been at a downtown bar-restaurant consuming when Powell referred to as The woman’s Mobile teletelephone.

A loud three-method argument over the telephone speaker prompted a name to police To reflip and intervene. Nichols allegedly indicated to Cops In the meantime that if one factor have been to happen between him and Powell he Can be appearing in self-protection. Nichols parting phrases that Evening time have been allegedly one factor alongside the strains of “pop, pop, pop,” Based on police look atimony Inside the case.

The subsequent Evening time, Nichols allegedly acquired here to his ex-spouse’s Glenwood Springs residence on suspicion that Powell hadvert threatened her all by way of an argument. Nichols claims he acted in self-protection when he shot Powell, who was later found to be carrying a gun himself, and that it was Powell who was the aggressor.

Prosecutors have maintained that A minimal Of 5 photographgraphs have been fired by Nichols, collectively with two that hit Powell and a fifth that was fired after he was on The underside however missed, suggests Nichols meant to kill Powell.

Senior Reporter/Managing Editor John Stroud Might be reached at 970-384-9160 or [email protected]


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