Smith County Assistant District Attorney Richard Vance told Judge Kerry Russell in the 7th District Court that Dr. Bobby Ray Nichols, 76, had requested probation. “But we usually don't give probation in cases like this,” Vance said. Nichols faces a punishment range of five to 99 years or life in prison if he is convicted on the charge of murder, Vance said.
Russell told defense attorney Bradley Lollar, of Dallas, to let his office know if the Dallas capital murder case does not go forward on Nov. 26. If the capital case does go forward then, Russell said the Nichols case could be reset to early December. Lollar said his capital murder case was expected to last a week. Vance said in court that he would need about a week to try the Nichols case.
Nichols is accused of shooting and killing his 71-year-old wife Rosiland Nichols on June 29 inside their home in the 3400 block of Allen Street after the two argued about his “staying gone every Friday,” according to the arrest affidavit. Nichols told police that he went to Willow Brook Country Club at noon June 29, had a drink, and then went to Dakota's restaurant where he had a couple more drinks with friends before returning home at 5 p.m. that day.
“Rosiland Nichols started a verbal argument with him in reference to him staying gone every Friday,” the affidavit stated. Bobby Nichols advised that she kept following him around the residence for four hours and told him to leave the house, according to the arrest affidavit.
Police said Nichols pulled the trigger a third time, but the weapon misfired. “He advised that Rosiland immediately clutched her stomach and slumped over,” the affidavit stated. Nichols attempted to give his wife mouth-to-mouth resuscitation, but she had already died, according to the affidavit. No one else was in the home at the time of the incident, authorities said.
Investigating officers responding to the emergency call described Nichols as cooperative, displaying no resistance to their arrival. The arrest affidavit described Nichols as being “remorseful” about what he had done, and that the defendant had cried, saying he had ruined everyone's life that is in his family. Nichols was released on a $750,000 bond on July 3 from the Smith County Jail.
Staff Writer Kenneth Dean contributed to this report.
Updated Tuesday, October 30, 2012 at 8:38 a.m. CDT