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Feds file firearms charge against Nichols

U.S. Attorney David Nahmias said that a federal criminal complaint was filed against Brian Nichols earlier today charging him with possessing a firearm while being under indictment.

This is little more than a “holding charge,” Nahmias said, to ensure Nichols’ detention while federal and state authorities decide what charges to bring next.

Fulton County District Attorney Paul Howard said Nichols also is expected to make his first court appearance during the early week. Howard also said he wanted to resolve the rape trial Nichols is accused of disrupting on Friday by fatally shooting trial judge Rowland Barnes, his courtroom stenographer Julie Brandau and deputy Hoyt Teasley.

Howard added that he expects to file formal charges against Nichols within the next 30 days, after allowing Atlanta police and other law enforcement agencies to complete their investigations.

Nahmias said his office would prosecute Nichols for the killing of David Wilhelm, assistant special agent in charge of the Immigration and Customs Enforcement office in Atlanta. But he said Howard would take the lead in charging decisions.

“We’re examining all potential charges,” Nahmias said. “We’re less than 36 hours into this event. We’re going to do this in a very careful and cautious way.”

Kenneth Smith, special agent of ICE, called Wilhelm’s death “a tragic loss for the entire law enforcement community.” Wilhelm, whose brother Patrick also is an ICE special agent in Atlanta, was “an exemplary officer, a trusted colleague and a true friend,” said Smith, struggling to maintain his composure.

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