Nickels' motion for new trial denied

EPHRATA - David Nickels won't be getting a new trial because Grant County Superior Court Judge Evan Sperline denied Nickels' motion Tuesday.

Nickels, 31, of Helena, Mont., was convicted of first-degree murder in September. Defense attorneys Jacqueline Walsh and Mark Larrañaga filed a motion for a new trial, arguing new evidence showed Ian Libby, of Ephrata, killed construction worker Sage Munro, of Ephrata, rather than Nickels.

Nickels' attorneys also added accusations of juror misconduct and brought up the testimony of an anonymous witness who reportedly said Libby attempted to sell him a gun, according to a previous Columbia Basin Herald article.

However, in a letter to defense attorneys and Grant County prosecutors, Sperline said the alleged juror misconduct and the newly discovered evidence were not likely to have any effect on the outcome of the trial.

Defense attorneys argued that jurors shared personal experiences with the effects of methamphetamine during deliberations. However, Sperline said there was trial evidence on the subject and the effects of intoxicants generally are common knowledge for average citizens.

The testimony of the anonymous witness failed on grounds of relevance, according to Sperline's letter. The witness reportedly said Libby attempted to sell him a gun in a time frame around the commencement of the trial.

"There is simply no basis upon which to associate a gun seen at that time by Witness A with the murder of Sage Munro," read the letter.

Grant County Prosecutor Angus Lee said his office is pleased with the ruling and are looking forward to sentencing.

"I only hope that this ruling brings a bit more comfort to the family and friends of Sage Munro," he said in an e-mail Tuesday.