Capital Murder: What Really Went Down in Eden, Texas

With that, a physical struggle ensued. During the struggle, court documents state, the deputies attempted to deploy a Taser on Nicholas to subdue him into compliance. When that happened, Nicholas was able to pull out a semi-automatic handgun and fire shots at the deputies, killing both. Nicholas then fired his handgun toward City of Eden employees who were with the deputies during the dog bite investigation. Court documents state that one city employee was shot, causing serious bodily injury.

The city employee was identified as Ronnie Winans. He was rushed to Shannon Medical Center that evening with a gunshot wound in the stomach and underwent surgery. He is listed in stable condition on Wednesday afternoon.

In our investigation at the scene that tragic night, witnesses told us that Nicholas was yelling at the officers, complaining that his constitutional rights were violated and also stated that they always try to Tase him. One witness said he heard nine or 10 shots fired.

Shortly after the shooting, Nicholas was taken into custody by Concho County Sheriff Chad Miller without further incident. Court documents do not mention any role of the Mayor of Eden Pete Torres of whom one witness told us had approached Nicholas shortly after the shooting and told him to turn himself in, as we previously reported. The mayor lives around the corner from the Nicholas residence.

During the interview with Texas Rangers following his arrest, Nicholas confessed to shooting and killing the deputies and to shooting Winnans. The court documents state that he apologized for his actions.

Nicholas was charged with two counts of Capital Murder of a Police Officer. He is currently held in the Tom Green County Jail on $4 million cumulatively in two bonds.

Currently, the prosecutor assigned to the Nicholas case is 119th District Attorney John Best. Capital murder trials are expensive and can cost the county well over $1 million to prosecute. The total cost of such a trial will depend upon if the court can qualify to use a regional public defender, which is likely, and how many expert witnesses will be called to the stand. According to Texas law, the county where the felony offense was committed will be responsible for paying the cost of the trial. In this case Concho County will pay for the trial even though the district court with jurisdiction over this case is located in adjacent Tom Green County. The four district courts in Tom Green County also serve as district courts for Coke, Runnels, Schleicher, and Concho Counties.

San Angelo LIVE! was able to obtain only a copy of the arrest affidavit. The peace officer’s report is being withheld because releasing it will reveal details related to the “detection, investigation, or prosecution of a crime and release of the information would interfere with the prosecution of the crime.” The arrest affidavit gives the judicial justice system enough information necessary to justify the arrest. Should this case go to trial, a more complete picture of all that transpired that tragic night will come into view.

Despite the court documentation of a confession, Nicholas is considered not guilty until proven otherwise in a court of law, which may include another confession in court should the case involve a plea bargain. It is too early in the process to know how the case will proceed.

In the meantime, the Texas Rangers are leading the investigation.