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Friday, May 24, 2013

Tyler

Posted 6:24 pm  Wednesday, January 23, 2013


UPDATE: Jury found Nichols guilty of murdering his wife
Retired dentist Bobby Nichols was found guilty of murdering his wife, Rosiland, inside of their Tyler home June 29.

The punishment phase begins Thursday morning.


UPDATED Wednesday, January 23, 2013 at 5:03 p.m. CST
The prosecution and defense will present closing arguments this evening in the Nichols case. Judge Kerry Russell said in court that the jury wanted to work until 7 this evening.


UPDATED Wednesday, January 23, 2013 at 2:40 p.m. CST
Defense Attorney Bradley Lollar called forensic psychologist Dr. Antoinette McGarrahan testified that Nichols suffered from Parkinson's disease, and major depression. All could contribute to his lack of memory and lack of inhibition, she said.

The prosecution has called a rebuttal witness, Dr. Tim Proctor, who also evaluated Nichols.

Then both sides are expected to give closing statements.


UPDATED Wednesday, January 23, 2013 at 12:20 p.m. CST
Prosecutors cross examined Nichols this morning as he sat on the witness stand. He said he only intended to scare his wife when he brought his 9 mm handgun inside on the night of June 29. "I was in a stupor and don' t remember anything from that night. It was the gunshot that woke me up," Nichols testified.

Parrish asked Dr. R.J. Donaldson, a retired neurosurgeon and a personal friend of Nichols if the witness was aware of Nichols being addicted to the nitrous oxide he had in his office.

The witness said he did not.


UPDATED Wednesday, January 23, 2013 at 10:46 a.m. CST
Taking the stand in his own defense, Bobby Nichols said he knew his wife Rosiland was dead as soon as he saw her eyes. As he cried, Nichols said he had "hunted deer most of his life and knew she was dead from the look in her eyes."

He said he sat her up, closed her eyes and called police.

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UPDATED Wednesday, January 23, 2012 at 9:09 a.m. CST
Retired dentist Bobby Nichols said he would take the stand in his own defense this morning.

Judge Kerry Russell reprimanded prosecutors in court this morning because they did not immediately notify Nichols' defense attorney about his weekend arrest. Russell said he would be notifying the State Bar of Texas to investigate the conduct of Jason Parrish and Richard Vance.

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By DAYNA WORCHEL
dworchel@tylerpaper.com

A retired Tyler dentist on trial in his wife's shooting death was back in Smith County Jail Tuesday on a $3 million bond after violating his bond conditions, according to a court document.

Bobby Ray Nichols, 76, on trial since last week on a murder charge, was re-arrested Saturday because “the defendant has purchased and possessed alcoholic beverages on January 19, 2013,” according to a bond-violation report that Smith County 114th District Judge Christi Kennedy signed.

Prosecutors declined comment Tuesday because the case is ongoing.

The report states that Nichols violated the conditions of his $750,000 bond.

The 7th District Court is expected to resume the murder trial today after Judge Kerry Russell's absence Friday and Tuesday.

Nichols is charged with killing his wife, Rosiland, inside of their Tyler home June 29 after the couple argued about his frequent absences from home on Fridays, according to court testimony.

Nichols told authorities he fired two shots as his wife sat on a couch in their home. The first shot hit the couch, but the second shot hit the victim in her in the lower torso, causing her to bleed internally, prosecutors said in opening statements. Nichols tried a third shot, but the gun jammed, prosecutors said.

On Thursday, Dr. Bridget Eutinier, who performed the autopsy on Mrs. Nichols on July 2, said the victim died of a gunshot wound to the torso, and the body had several bruises on the chest and an abrasion.

“She had 1,200 milliliters of blood in her peritoneal cavity,” Dr. Eutinier told the jury on Thursday. That cavity houses the stomach, intestines, liver and spleen, she said.

The defendant admitted to numerous individuals, including the police, friends, an emergency services dispatcher and a bail bondsman, that he killed his wife.

He faces from up to 99 years in prison if convicted of the murder charge. Bradley Lollar of Dallas is defending Nichols.



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