Nickels murder trial gets underway today

EPHRATA - The trial for a man accused of killing Ephrata resident Sage Munro in 2009 is scheduled to start today.

Jury selection is expected to start this week in the David E. Nickels trial, with opening statements planned for next week. The trial for the 31-year-old Helena, Mont., man is scheduled to take until September and include more than 100 witnesses across three states.

Nickels is charged with first-degree murder for allegedly shooting Munro, 35, outside of his E Street Northeast home at about 6 a.m. on Dec. 29.

A witness heard a gunshot and saw someone run into Munro's home, according to a Grant County Sheriff's report. When the woman tried calling Munro's home, she didn't receive an answer, so she called police.

A girlfriend of Munro reported her ex-boyfriend, Nickels, had caused problems with her new relationship, according to the police report. She claimed Nickels was abusive and threatened her during their relationship.

"(She) said the harassment got to the point where she had to change her phone number because she was afraid of Nickels and thought he was crazy," Chief Deputy Ryan Rectenwald wrote in the report. "(She) told detectives about an incident that occurred five months ago where he walked into her residence in Ephrata unannounced and took her cellphone."

Munro's sister echoed his girlfriend's comments, telling police Nickels' ex-girlfriend tried to keep the relationship secret, according to the police report. When he learned of the relationship, Nickels reportedly called Munro.

Nickels reportedly met with his ex-girlfriend earlier in the month and learned Munro's name then, according to the police report.

Nickels allegedly told people he was headed to Great Falls, Mont., the day before the murder, according to the police report. A cell tower reportedly found Nickels' phone near Spokane as he was traveling east on Interstate 90 a couple hours after the murder was committed.

Nickels allegedly bragged about shooting Munro to a man in a Helena bar, according to the police report. Nickels reportedly told the man he was being investigated for murder.

"He joked with Nickels about the weapon he possibly used as being a pen," the witness told police. "Nickels used to always carry a writing pen as a weapon because he could never get into trouble for carrying a normal writing pen, yet it could be used as a stabbing instrument ... Nickels said it was not a pen, rather he shot the guy in the chest ... The way Nickels described the shooting it was as if the guy never expected it and did not see it coming."

When the witness asked why Nickels shot Munro, he reportedly replied because he was dating Nickels' ex-girlfriend.

Defense attorneys Jackie Walsh and Mark Larranaga have argued Nickels did not commit the crime, saying police chose not to investigate Ian J. Libby.

Walsh argued during a motion to dismiss that police ignored and failed to preserve evidence, which possibly pointed at Libby, including footprints spotted near Munro's truck, information from Libby's phone and the phone number of a witness, who indicated Libby committed the murder.

She called the case against Nickels weak when compared against the possible case against Libby.

"It was obvious from the beginning that Ian Libby was another suspect, was a real suspect, in this case," she said. "There's evidence that an anonymous caller called into the Moses Lake tip line and indicated that Ian Libby is your guy."

Libby reportedly told his girlfriend he was going kill her, just like he killed "that guy," during an assault less than a month after Munro was shot. After the assault and the tip, Walsh said it is reasonable to assume Libby was a suspect in the case.

Walsh pointed out Libby allegedly sought an alibi from several people following the murder.

"We also know that Ian Libby ... liked to prowl cars, and we also know that (he was) interested in prowling Mr. Munro's car to look for guns," she said. "We also know from (Libby's girlfriend) that he requested that she drive him out of town."

Walsh said Libby tried to seek out an alibi for the time of the shooting, asking several people to lie for him.