Atlanta shootings suspect calm in court

updated 12:32 p.m. ET March 15, 2005

ATLANTA - Four days after escaping from an Atlanta courtroom and allegedly shooting four people to death, Brian Nichols appeared in another courtroom Tuesday, this time for a status hearing as authorities sort out charges.

Nichols appeared before a magistrate judge on a refiled rape charge, which is being used to hold him as he's investigated in the courthouse rampage and the death of a federal agent as he eluded authorities.

His hands shackled at his waist and his ankles shackled together, Nichols remained calm throughout the brief hearing. He only spoke once, when the judge asked him if he had any questions.

"Not at this time," he said.

Nineteen officers lined the walls of the cinder block room for the hearing, which was held at the Fulton County Jail.

Assistant District Attorney Michele McCutcheon informed Cox that the state will pursue four charges of murder against Nichols. Nichols was held without bond and no future court hearings were set.

Nichols, 33, was arrested Saturday morning after an alleged rampage that began when he overpowered a sheriff’s deputy who was escorting him to his rape trial. Nichols surrendered peacefully after hours of talks with a hostage, Ashley Smith, who is credited with convincing him to give up.

He had been in federal custody since his arrest on a federal firearms charge. But officials announced Monday that the charge had been dropped so he could be handed over to Fulton County authorities, who will likely be the first to prosecute him.

He faces federal and state charges in the deaths of a judge, a court reporter, a deputy and a federal agent. Prosecutors will likely decide within 30 days what new charges to file, said Fulton County district attorney’s spokesman Erik Friedly.

Nichols was being retried for rape and other charges when he escaped Friday. That case was declared a mistrial Monday at the request of Nichols’ attorney, Friedly said.

Barry Hazen, Nichols’ attorney on the rape charge, has said continuing with that earlier case would be a waste of time and tax dollars. “He’s facing four homicide charges that could carry the death penalty. In the best-case scenario, he’s in jail for life. What’s the point?” Hazen said Sunday.

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