Erick Alsager testifies about alleged confession

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EPHRATA - Erick Alsager testified David Nickels confessed in a Montana bar to murdering someone in Washington.

Alsager told the jury Nickels admitted to killing the man because he was dating Marita Messick when he testified in Nickels' first-degree murder trial Tuesday and Wednesday. Nickels, 31, Helena, Mont., is on trial in Grant County Superior Court.

Alsager's testimony followed Messick telling the jury Tuesday she had been in a two-year relationship with Nickels and was trying to end it. Prosecutors allege Messick's attempt prompted Nickels to drive to Ephrata and shoot Sage Munro outside of his home on Dec. 29, 2009.

Defense attorney Mark Larrañaga questioned Alsager about differences between what he initially told police and his written statement, and about whether anyone else in the crowded bar seemed alarmed by Nickels' alleged confession.

Alsager met Nickels in 2005 through a mutual friend, saying they weren't friends, but knew each other. He hadn't seen Nickels for about a year before meeting him at a Helena, Mont., bar called Miller's Crossing.

Alsager came to the bar after meeting a woman in another bar, and deciding to follow her to Miller's Crossing, he said. When he arrived, he saw Nickels speaking to the woman.

"I sat right next to him," Alsager said. "So (the women) were sitting there behind him at a table and he was sitting at the bar. So they were walking back and forth, talking to him, so I sat down right next to him ... (Nickels) was just talking and drinking."

Alsager repeated earlier testimony, saying Nickels bought the group Washington Apple shots.

While Alsager and Nickels were talking, Nickels said he was being investigated for murder, Alsager testified he laughed.

"When I asked him why he was being investigated for murder, he said that he had shot some guy," Alsager said.

When Alsager questioned Nickels about where the murder happened, Nickels told him Washington.

"I was like, 'Oh yeah. You shot somebody.' He was like, 'Yeah. It happened. I went over there and that had happened,'" Alsager testified.

Nickels reportedly told Alsager, he shot the man in the chest and the person hadn't seen it coming, Alsager said.

"When he told me that, it was an off-the-cuff comment. I really didn't think it was that serious," he said. "I was like, 'Why would you do that?' He said, 'Well because he was dating Marita.' ... I kind of laughed about it and I said, 'Well what would happen if I dated Marita?' and he (said,) 'Probably the same thing.'"

When Chief Deputy Prosecutor Ed Owens asked if Nickels said what type of weapon he used, Alsager said he wasn't sure.

"When we were talking, he said, 'I shot him.' I thought he said he used a shotgun, but I wasn't sure what kind of weapon he used.

After Nickels told Alsager the information, the two continued talking, Alsager said.

Owens asked if the bar was crowded and Alsager answered it wasn't bad and he was able to talk to other people without yelling.

Alsager testified a person was sitting on Nickels' left, but the defendant never spoke to the person.

The Helena man refuted earlier testimony from Michael Kleeman, saying he was not taking prescription medication or other drugs when he went drinking. He testified to having three or four drinks.

When Alsager left the bar, he called a friend telling him he saw his friend's ex-girlfriend, Samantha Costigan and Nickels. During the conversation, Alsager relayed Nickels' alleged confession to his friend.

"I said, 'So hey, if you talk to Marita, let me know if it's true or not,'" Alsager said. "That's all I said."

Messick testified Tuesday to learning about the alleged confession from Alsager's friend, and contacting police about it.

Larrañaga questioned Alsager about his description of the events, confirming Nickels was less than a foot away from Alsager when he reportedly confessed.

"There's a person sitting on the other side of Mr. Nickels, is that right?" Larrañaga asked. "That person doesn't get up, and move away? ... You didn't get up and move away? ... You didn't tell the bartender what you had just heard?"

Alsager testified the person didn't get up, move away or react to what Nickels said, and Alsager didn't move away or tell the bartender about what he heard.

When Larrañaga asked if Nickels moved closer before saying anything, Alsager replied they were within a foot of each other.

Larrañaga moved onto questioning whether Alsager had a girlfriend in January 2010.

Alsager admitted he did, and was trying to meet a woman at the bar.

The defense attorney questioned the length of time Alsager spent in bars and the amount of drinks he had. Larrañaga pointed out a section of an interview where Alsager reported going to the first bar between 8 p.m. and 9 p.m., and then went to Miller's Crossing at 11:30 p.m.

"So you're at two different bars for roughly five and a half hours, is that right?" he asked. "And you have three drinks, excuse me, four drinks, perhaps three Jack Daniels (and Coke) and a Washington Apple (shot?)"

Alsager agreed.

Larrañaga questioned Alsager about medication he was taking for a back injury, asking him if he took any before or while he was drinking.

"The only time I usually take it is in the morning. That's when my back hurt the worst," Alsager said.

Larrañaga questioned Alsager about the differences between what he initially told investigators when they contacted him, and the statement written by Grant County Chief Deputy Ryan Rectenwald about two hours after the interview.

The defense attorney pointed out what Alsager initially told police after officers asked what he knew about the case. Larrañaga asked if Alsager initially told the detectives Nickels said, "Somebody said, 'I killed somebody.'"

"On those couple lines of the statement it does say that," Alsager answered.

"Two hours later, when you did the signed statement, you indicated in your signed statement, did you not, that Mr. Nickels said, 'I'm being investigated for murder?'" Larrañaga asked.

Alsager said he did.

Larrañaga questioned other differences between the initial response to detectives and his signed statements, including whether Nickels said he used a shotgun and whether Nickels said he shot the man in the chest and Nickels would kill Alsager if he dated Messick.

"Now two hours later, when Detective Rectenwald writes the narrative for you, you do include the alleged statement that Mr. Nickels said that someone got shot in the (chest), is that right?" Larrañaga said.

The attorney asked if Alsager did anything after hearing the information.

"Your reaction to Mr. Nickels on this stuff about this alleged conversation is to laugh it off?" Larrañaga asked. "You didn't call an officer over, is that correct? ... You didn't even tell an officer? ... You didn't tell the bartenders that were behind the bar, you didn't tell them?"

Alsager agreed, and testified Nickels didn't look around to see if anyone else was listening.

"This conversation that you and Mr. Nickels had, you didn't take him seriously, did you?" Larrañaga asked.

Alsager said he didn't take Nickels seriously at the time.

Following Larrañaga's questions, Owens asked about the differences between the initial portion of Alsager's interview and the written statement. Owens started by asking if Alsager read the written statement and Alsager replied he did.

Owens showed him a copy of the transcript, pointing him to page 20 in the interview and asking him how many times it stated Nickels said he shot the man in the chest.

"At least twice," Alsager said. "When I first started (the interview,) I was really nervous, and so I just told them everything I could think of right then, and I calmed down a little bit and I got into detail more about what was going on."