Posted on 08/08/2008 6:01:54 AM PDT by marktwain
POMONA - In a span of two days, Brett Nichols went from being accused of attempted murder to becoming the victim in the same incident. The 48-year-old Phillips Ranch resident was arrested Monday morning on suspicion of attempted murder. Police said he had shot a man and dumped the body in the hills near his home.
But Nichols was released from jail Wednesday afternoon after police determined he was acting in self-defense when he shot David Rotela, a 22-year-old Rosemead resident who survived the ordeal, authorities said.
"It was a dumb move for me to do that, to dump his body, but I didn't know what to do," said Nichols outside his Edgebrook Drive home.
Sgt. Robert Baker said "The (Los Angeles County district attorney) declined to prosecute for that incident."
"Nichols is no longer a suspect," Baker said.
According to Nichols, the shooting evolved from a home invasion robbery about 1:30 a.m. Monday.
Five people live in the house owned by Nichols, who said he was waiting for his girlfriend to come home when he heard a commotion in a bedroom.
He armed himself with a gun, "just in case something got out of hand," and went to find the source of the noise, Nichols said.
Nichols said he discovered a man holding a shotgun and wearing a ski mask who ordered him and three other residents to lie under a mattress.
Rotela and a second man took cell phones, cameras and car keys from the residents, authorities said.
As the men left the room, Nichols followed them. When Rotela got to the front door, he swung around and pointed his shotgun at Nichols.
Nichols fired at Rotela who then fell back onto the front walkway while the second man escaped with the stolen goods, authorities said.
Nichols, with a felony drug conviction from the 1990s and no license for the gun, said, "I thought, `A felon with a gun, this isn't good."'
He said he took Rotela and drove him to the hills adjacent to his home and left him there.
"He was paralyzed - he knew it. He said he didn't want to live like that, so I took him out and laid him under the stars like he wanted," Nichols said.
Afterward, Nichols said, he went to 7-Eleven to get a drink and cleaned his truck and the walkway of his house. He also cut out the blood stains from the carpet, leaving square holes, he said.
Police came to the house six hours later to talk to Nichols about a report of shots fired, and he led them to Rotela, who was still alive. Rotela was flown to Los Angeles County-USC Medical Center. He was listed in critical condition.
Baker said the the investigation is still ongoing, but Rotela could face charges.
Nichols said he had never had contact with Rotela before and did not intend to shoot him.
"I was protecting my home," he said. "If he hadn't turned on me, I probably wouldn't have shot him."
He shot the guy, he wasn’t dead and he took him out and dumped him? That is awful! He should have called police and an ambulance. There were 3 other witnesses to the robbery and shooting to corroborate his story.
Home invading scumbag “doesn’t want to live like that”? All the more reason to make sure he DOES survive.
It sounded like he was just complying with the wishes of the person he shot. He couldn't call the police because then he would have been guilty of a felony himself. Same for taking the person he shot to the hospital.
After a person has paid their debt to society they should have all of their rights restored. Too many of our laws are designed solely to create criminals.
I read the article. He should have called police and an ambulance.
You're right:
he should have shot him again.
I don't believe everything I read : ) Something about the story doesn't ring true to me.
If someone broke into my home, there would be no need for an ambulance. Having said that, you are correct, the proper thing would have been to take him to the hospital.
I wouldn’t take a wounded dog out and dump him. I don’t want the death of another human on my conscience, even if he was a scumbag. He had the right to defend his home against invaders but dumping the guy was wrong even if it was his request.
After six hours, why bother?
My uncle used to be in law enforcement (FBI); his advice is to shoot to kill if the criminal is armed. That way there is only one story.
With three other witnesses something stinks about this story. Sounds like a drug deal gone bad (or good?) And why isn’t he being arrested as a felon in possession of a firearm...
>>He armed himself with a gun, “just in case something got out of hand,” and went to find the source of the noise, Nichols said.<<
> why isnt he being arrested as a felon in possession of a firearm...<
From the way I read this, a felon is forbidden to use a cops gun to defend/protect a downed cop because that would be a felon in possession of a firearm...
He picked up the gun to protect the other people in the house. He shot the guy to protect himself.
Definately an odd one.
We need to end posession laws. If anyone shouldn’t be trusted with a gun they shouldn’t be walking the streets anyway.
Read the whole thing.
Or was he riding shotgun in a drug deal gone bad...
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