published Thursday, March 6th, 2008

Nicholson jury returning today

A jury of six men and six women deliberated the fate of a former Chattanooga firefighter about seven hours Wednesday before deciding to return today to continue trying to reach a unanimous verdict.

Marvin Nicholson Jr. is charged with first-degree murder, felony murder and especially aggravated kidnapping in the Oct. 3, 2006, abduction and shooting death of James Citizen. He was fired from the fire department after he was charged in Mr. Citizen’s death.

According to evidence presented at trial, a man ordered Mr. Citizen into a car a gunpoint near the intersection of Dodson Avenue and Farley Street. The boy’s body was discovered a short time later at the northern end of the county along Sims Harris Road.

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

Defense attorney Johnny Houston claimed Mr. Nicholson was with his sister at the time Mr. Citizen was abducted and killed. He pointed to other possible defendants whom investigators overlooked.

Criminal Court Judge Barry Steelman said jurors will return at 9 this morning to continue deliberating.

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