Probable cause found in hearing on stabbing case
May 07, 2013 | 1888 views | 0 0 comments | 20 20 recommendations | email to a friend | print
By Alan Reed

Tribune-Courier News Editor

areed@tribunecourier.com

BENTON — Charges of assault will be considered by a Marshall grand jury after District Judge Jack Telle found probable cause Wednesday.

Michael D. Nicholas, 59, Hardin, is accused of stabbing cousin John Nicholas on April 21 at John Nicholas’ apartment at Lakeland Arbor Village.

Deputy Samantha Mighell testified she went to the apartment after 911 received a call. John Nicholas answered the door with blood on his jeans and a wound on his left arm. He told investigators he had been stabbed by Michael Nicholas.

Mighell said John Nicholas was taken by ambulance to Marshall County Hospital for treatment of five stab wounds. He was then transferred to Vanderbilt University Medical Center, where he was found to have a wound to his spleen. His spleen was removed and he was placed in intensive care. Mighell said he was only released from the hospital on April 28.

Investigators found a folding knife on the floor of the kitchen. Mighell said the defendant claimed it as his personal pocket knife.

“Once in custody, the defendant asked to use a phone to call Wayne Daniel, who is his step-brother or half-brother,” Mighell said. “A deputy offered him his cell phone and asked if it was okay to leave it on speaker phone. He said yes. Mr. Daniel asked if Mr. Nicholas ‘did it because of him?’ He replied, ‘That was some of it.’ He asked the defendant what he said to John when he stabbed him. Michael Nicholas said, ‘I said nothing. I started to stick him.’”

During cross examination, Michael Nicholas’ attorney James Burkeen asked Mighell about evidence gathered. She said investigators took photos of the scene, the wound, and had the knife and the victims’ clothing.

Burkeen said Michael Nicholas had been convicted of a similar offense on a different victim in the past that was also a domestic dispute. He added his client pleaded to assault of a lower degree and had been released on parole.

Telle said the grand jury will meet to consider the case on May 16. Bills are expected to be returned on May 20.
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