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Luke tried to prove the defendant acted with premeditation and malice. The court appointed defense counsel was Cindy Leigh Decker, Esquire and Paul Maslakowski who tried to prove the defendant was provoked, acted in the heat of passion, and was not in his right mind due to consumption of alcohol.
Joseph Carl Johnson, 41, shot Willie Steve Nichols, Jr., 38, on the evening of March 3, 1999, in his front yard at 5379 Sperryville Pike in Boston. According to witnesses, the dispute began close to 4 p.m., when Nichols arrived at Johnson’s home to bring a load of brush to be burned, deal with a horse the Nichols had boarded at Johnson’s, and pay wages owed to Johnson.
Horse to be sold
According to Kathy Nichols, the wife of the deceased, the Nichols were planning to sell the mare that was stabled in the horse trailer the
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