Before the 911 phone call was made and that fatal shooting took place Monday, 32-year-old Anthony Nichols was already experienced in dealing with law enforcement.
On June 13th 2011, Nichols was convicted of a DWI, his second, and was given probation.
In part, Nichols had to attend narcotic meetings three times a week, do community service, and serve three days shock jail time.
In December, he was charged with assaulting a public servant, retaliation, resisting arrest, and public intoxication.
"We brought those charges to the court on the application to revoke probation," Tom Brummet, Assistant District Attorney said. "He was arrested on that, a bond was set and he bonded out."
Nichols was out on the streets again. Just last week, on the 14th Nichols was arrested for: aggravated assault causing bodily injury with a deadly weapon, unlawful restraint, and interfering with an emergency call. According to a police report, Nichols attempted to strangle a female, held a knife to her throat, cut her arms, leg, and wrists, even threatened to kill her and himself.
The District Attorney's office again recommended revoking his probation.
"When they file an amended motion to revoke, it really doesn't require any ruling by the court," Judge Mark Hocker said. "It just gives the defendant notice that they have alleged violations of his terms and conditions of his probation that would be used against him at a hearing." At that time it might have been appropriate to increase his bond, and I certainly would be been glad to consider that, had that been brought before the court."
The D.A.'s motion was filed the same day Nichols was arrested. Three days later on June 17th, Nichols bonded out of jail. This is just 24 hours before be taunted police Monday and was fatally shot.
A probation officer said Nichols was a threat to the community. So the question is raised--after violating his probation, how did Nichols end up out of jail?
"If we had gone through that due process, and we had had a hearing to increase his bond, then very likely his bond would have been increased, because of the seriousness of the new allegations, then a warrant could have issued," Judge Hocker said. "But I think he has the right to be heard on that. We also have to recognize that a bond was set on the new offenses themselves, so these issues have already been raised and considered"
Hocker said bottom line in any case such as Nichols it's important that everyone get due process before action is taken against them, be it probation or conviction.