Nickels' attorneys argue for new trial
David Nickels sits in the courtroom during the second day of testimony at his trial.
EPHRATA - David Nickels' defense attorneys want a new trial, stating new evidence shows Ian Libby killed Sage Munro.
A Grant County jury convicted Nickels, 31, Helena, Mont., of first-degree murder on Sept. 6.
The sentencing for Nickels, scheduled for Tuesday, was stricken following a motion for a new trial filed by Jackie Walsh and Mark Larrañaga. The attorneys argued in the motion new witnesses implicate Libby and Julian Latimer in Munro's murder.
Prosecutor Angus Lee said the office received the motion and was in the process of forming a response. The response will be filed within 10 days. They are opposing the motion.
Defense attorneys argued witnesses on D Street in Ephrata saw Latimer knock on the window on the morning of Dec. 29, 2009. When the witness let Latimer into the residence, she heard Latimer confess to seeing Libby shoot Munro when they were searching Munro's truck for guns, according to the motion. Latimer reportedly said he thought he was in going to be in trouble.
Police didn't interview the witnesses, and the defense attorneys weren't aware of the witnesses until after the trial, according to court records.
They also argued about finding a new witness which said Munro had problems with Libby trying to break into his truck, according to the motion.
The attorneys pointed out Judge Evan Sperline ruled Libby's ex-girlfriend wasn't allowed to testify about Libby wanting guns from Munro's truck since no corroborating evidence existed, according to the motion. The new witnesses would allow Crystal Tycksen to testify about Libby wanting guns from the truck.
The attorneys also pointed out they didn't receive information about an alleged assault and burglary committed by Libby until after the trial ended. Libby allegedly attacked another defense witness during the incident.
The attorneys argued during the trial the alleged incident showed Libby felt guilty.
Nickels' sentencing and a hearing for the motion haven't been scheduled yet. Nickels was convicted of shooting Munro outside of the Ephrata's man's home because Munro was dating Nickels' ex-girlfriend, Marita Messick.