published Monday, March 3rd, 2008

Prosecution rests case in 2006 kidnapping, slaying


by Brian Lazenby

Hamilton County prosecutors rested their case today against a former Chattanooga firefighter accused of kidnapping and killing a 15-year-old boy.

Defense attorneys will begin presenting evidence on behalf of Marvin Nicholson Jr., who is charged with first-degree murder, felony murder and especially aggravated kidnapping in the Oct. 3, 2006, abduction and shooting death of James Citizen.

Prosecutors allege that Mr. Nicholson killed Mr. Citizen because he thought the boy was responsible for breaking into his Elmendorf Street home on Sept. 12, 2006, and again the day before the slaying.

Defense attorney Johnny Houston called it a case of misidentification and disputed two eyewitnesses who picked Mr. Nicholson out of photo lineups as the man who ordered Mr. Citizen into a car at gunpoint on Dodson Avenue and who was seen leaving Sims Harris Road where shots were fired and the boy’s body was discovered.

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