Description: Oklahoma City, Oklahoma criminal defense lawyer represented defendant charged with "possession of a firearm and ammunition by a felon, in violation of 18 U.S.C. § 922(g).


In late October 2019, Nichols confronted two of his sisters at a drive-up fried chicken restaurant in El Reno, Oklahoma called Tooters. Bobby Stevenson, a customer at the restaurant, witnessed the confrontation, during which he saw Nichols pull out a small .22 caliber pistol. Stevenson testified he saw Nichols leave on a blue bicycle after hearing sirens. J.N., Nichols's minor sister, was working at Tooters at the time. She testified Nichols came into the restaurant wearing a backpack, which he carried to her older sister's car outside the restaurant and placed on the trunk. She also testified she saw Nichols pull out a gun, which scared her, so she ran back into the restaurant storage area and cried.

Police arrived at Tooters and investigated. They searched the backpack Nichols left on his sister's car and found ammunition inside. They eventually found Nichols walking through a nearby neighborhood. Nichols admitted being at Tooters but denied having a firearm. Using a search dog, officers found a .22 caliber pistol next to a fence abutting a public alleyway near where they found Nichols. They also found a clean hat that looked as though it had not been outside for very long. J.N. and her sister told police Nichols was wearing a hat during the encounter.

At trial, the government presented evidence from J.N., Stevenson, and several investigating officers.

18:922(g)(1) FELON IN POSSESSION OF A FIREARM AND AMMUNITION
(1s)

Outcome: A jury convicted Nichols of illegal possession of a firearm and ammunition by a felon. Defendant is sentenced to custody of Bureau of Prisons for a term of 120 months; Supervised release 3 years; S/A Fee $100 due immediately

Plaintiff's Experts:

Defendant's Experts:

Comments: