Fulton County District Attorney Paul Howard said he has spoken with U.S. Attorneys about a possible death penalty trial against Brian Nichols in federal court for the killing of an off-duty federal agent.
In March 2005, Nichols was on trial for rape in the Fulton County Courthouse in Atlanta, Georgia. He escaped from custody and, after critically injuring and stealing a weapon from the deputy who was guarding him, murdered the judge and court reporter in his case, as well as a Sheriff’s sergeant. Before his capture the next day, Nichols also killed a U.S. Customs agent while robbing him and stealing his vehicle.
On November 7, 2008 a jury found Nichols guilty on all 54 counts charged, including murder, felony murder, kidnapping, armed robbery, aggravated assault, aggravated battery, theft, carjacking, and escape from authorities. Last week he was sentenced to multiple life sentences after a jury declined to impose the death penalty.
If United States Attorneys decide to charge Nichols with the murder of the off-duty federal agent, Nichols may face the death penalty in the federal case.