Audio clip
Marvin Nicholson Jr.'s family discussing mistrial
Hamilton County prosecutors said they will try former Chattanooga firefighter Marvin Nicholson Jr. again for the abduction and shooting death of a 15-year-old boy after jurors announced Thursday they could not reach a unanimous verdict.
“We will set it for trial again on the 31st,” District Attorney Bill Cox said referring to the March 31 date Criminal Court Judge Barry Steelman set for the defendant to return to court.
Jurors deliberated about seven hours Wednesday and another five hours Thursday before announcing they were deadlocked with 10 voting to convict and two voting to acquit.
Mr. Nicholson remains in the Hamilton County Jail without bond charged with first-degree murder, felony murder and especially aggravated kidnapping in the Oct. 3, 2006, abduction and death of James Citizen.
Defense attorney Johnny Houston said he likely will ask that bond be set when Mr. Nicholson returns to court.
Neither Mr. Houston nor prosecutors would comment on the facts of the case citing a gag order imposed by the judge.
Members of Mr. Nicholson’s family said they have faith in God and are confident Mr. Nicholson eventually will be found not guilty.
“We are going to have a victory regardless,” said Nikki Nicholson, Mr. Nicholson’s wife. “For whatever reason God has that we are going through this struggle, he is going to give us the strength. We have the strength now, but we are just tired right now.”
Terri Nicholson, Mr. Nicholson’s sister and the mother of Tory Hardy who was killed following the 2003 Bessie Smith Strut, said she feels for Mr. Citizen’s family.
“I want to go out, and I want to hug the other family,” she said. “I know as a mother how it feels.”
Authorities claim Mr. Nicholson thought Mr. Citizen broke into his Elmendorf Street residence on Sept. 12, 2006, and again the day before the killing.
According to trial testimony, Mr. Citizen was ordered at gunpoint into a blue Ford Taurus at the intersection of Dodson Avenue and Farley Street between 11:30 a.m. and noon and was killed about 12:17 p.m. at the northern end of the county along Sims Harris Road.
On Tuesday, defense witnesses provided alibi testimony and claimed Mr. Nicholson could not be guilty because he was with his sister at Erlanger hospital and Workforce Corporate Health Services during the time eyewitnesses placed him at the scene of the abduction and at the scene where Mr. Citizen was fatally shot five times.
Mr. Nicholson’s mother-in-law, Deborah Phillips, testified that Mr. Nicholson’s wife had the blue Ford Taurus that Mr. Nicholson rented earlier that day from Hertz.
FBI Special Agent Bill Shute analyzed Mr. Nicholson’s wireless telephone records and showed jurors how various cellular tower sites tracked Mr. Nicholson’s phone from the area of the kidnapping up Highway 58 and ultimately to the area of the slaying at about the time Mr. Citizen was killed.
WHAT’S NEXT
Hamilton County Criminal Court Judge Barry Steelman scheduled a March 31 court date when prosecutors said they will request a new trial date and defense attorneys will ask that a bond be set.
