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Marvin Nicholson Jr.
Twelve Hamilton County jurors today will begin deliberating the fate of a former Chattanooga firefighter accused of kidnapping and killing a 15-year-old boy.
Attorneys presented closing arguments Tuesday in the case against Marvin Nicholson Jr., who is charged with first-degree murder, felony murder and especially aggravated kidnapping in the Oct. 3, 2006, death of James Citizen.
Authorities claim Mr. Nicholson thought Mr. Citizen broke into his Elmendorf Street residence on Sept. 12, 2006, and again the day before the killing.
On Tuesday, defense witnesses provided alibi testimony and claimed Mr. Nicholson couldn’t be guilty.
Telaine Nicholson Hawkins, the defendant’s sister, testified that Mr. Nicholson was with her at Erlanger hospital and Workforce Corporate Health Services during the time eyewitnesses said he ordered Mr. Citizen into a blue Ford Taurus at gunpoint on Dodson Avenue and later was seen leaving Sims Harris Road, where Mr. Citizen was fatally shot five times.
Mr. Nicholson’s mother-in-law, Deborah Phillips, testified that Mr. Nicholson’s wife had the Ford Taurus that Mr. Nicholson rented from Hertz.
She testified that Nikki Nicholson arrived at her house at about 11 a.m., and they watched “Flavor of Love” on TV. At 1:15 p.m., Ms. Nicholson drove to Lookout Mountain where she worked as a nanny, Ms. Phillips said.
Mr. Nicholson told Criminal Court Judge Barry Steelman that he will exercise his right not to testify at the trial.
Testimony indicated that Mr. Citizen was abducted between 11:30 a.m. and noon. He was killed at about 12:17 p.m., according to witnesses.
During closing arguments, defense attorney Johnny Houston criticized investigators and claimed that eyewitnesses who identified Mr. Nicholson from photo lineups were not credible.
“This is a serious murder case, so you’d think they’d do a better job of investigating,” he said. “If you put this murder case in a bag, you wouldn’t take it in your house because it smells too bad.”
He said authorities failed to follow up on other suspects and rushed to judgment when they focused on Mr. Nicholson.
“Reasonable doubt: That’s pretty much the theme of this case,” he said.
Hamilton County District Attorney Bill Cox pointed to testimony by FBI Agent Bill Shute, who analyzed Mr. Nicholson’s wireless telephone records and pinpointed him in the area of the kidnapping at about the time of the abduction, traveling up Highway 58 and ultimately in the area of the slaying at about the time Mr. Citizen was killed.
“That’s not reasonable doubt,” Mr. Cox said. “That’s no doubt.”
Judge Steelman will instruct the jury on the law, and jurors then will begin their deliberations.
