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First suspect, then victim: shooting said self-defense
sgvtribune.com ^ | July 30, 2008 | Lori Consalvo, Staff Writer

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."


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; US: California
KEYWORDS: banglist; homeinvasion; nocharges; shooting
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Wow. An unexpected result from California. The times are changing!
1 posted on 08/08/2008 6:01:54 AM PDT by marktwain
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To: marktwain
Looks like he may be a victim of the war on some drugs, though. He could not legally posses his means of defense because of a drug conviction from the 90’s.
2 posted on 08/08/2008 6:03:44 AM PDT by marktwain
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To: marktwain

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.


3 posted on 08/08/2008 6:07:59 AM PDT by Ditter
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To: Ditter

Home invading scumbag “doesn’t want to live like that”? All the more reason to make sure he DOES survive.


4 posted on 08/08/2008 6:11:12 AM PDT by Diggler (We will be beaten with our own virtue. Proud American Infidel!)
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To: Ditter
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.

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.

5 posted on 08/08/2008 6:14:10 AM PDT by LeGrande
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To: LeGrande

I read the article. He should have called police and an ambulance.


6 posted on 08/08/2008 6:17:25 AM PDT by Ditter
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To: Ditter
"He shot the guy, he wasn’t dead and he took him out and dumped him? That is awful!"

You're right:
he should have shot him again.

7 posted on 08/08/2008 6:22:41 AM PDT by Redbob ("WWJBD" ="What Would Jack Bauer Do?")
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To: Ditter
I read the article. He should have called police and an ambulance.

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.

8 posted on 08/08/2008 6:28:25 AM PDT by LeGrande
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To: Redbob

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.


9 posted on 08/08/2008 6:33:13 AM PDT by Ditter
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To: marktwain
Police came to the house six hours later to talk to Nichols about a report of shots fired,...

After six hours, why bother?

10 posted on 08/08/2008 6:35:54 AM PDT by LoneRangerMassachusetts
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To: Ditter
He should have made sure that the guy was dead, dead.
11 posted on 08/08/2008 7:00:38 AM PDT by ANGGAPO (Layte Gulf BeachClub)
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To: ANGGAPO

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.


12 posted on 08/08/2008 7:34:04 AM PDT by 12Gauge687 (Extremism in the defense of liberty is no vice)
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To: marktwain; DaveLoneRanger

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...


13 posted on 08/08/2008 8:50:00 AM PDT by tubebender (Why does a round pizza come in a square box?)
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To: tubebender

>>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 isn’t 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...


14 posted on 08/08/2008 9:22:52 AM PDT by B4Ranch (Having custody of a loaded weapon does not arm you. The skill to use the weapon is what arms a man.)
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To: B4Ranch
I don't see the connection? In your scenario he picked up the gun AFTER the crime. In the story he armed himself prior. Felons are arrested here on a regular basis for possession of a firearm...
15 posted on 08/08/2008 9:33:21 AM PDT by tubebender (Why does a round pizza come in a square box?)
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To: tubebender

He picked up the gun to protect the other people in the house. He shot the guy to protect himself.


16 posted on 08/08/2008 9:37:25 AM PDT by B4Ranch (Having custody of a loaded weapon does not arm you. The skill to use the weapon is what arms a man.)
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To: marktwain

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.


17 posted on 08/08/2008 9:40:27 AM PDT by Free Descendant
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To: Ditter

Read the whole thing.


18 posted on 08/08/2008 9:57:22 AM PDT by School of Rational Thought (Truthism Watch)
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To: B4Ranch

Or was he riding shotgun in a drug deal gone bad...


19 posted on 08/08/2008 10:09:17 AM PDT by tubebender (Why does a round pizza come in a square box?)
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Comment #20 Removed by Moderator


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