Attempts to find Nichols were largely unsuccessful and it was reported that Nichols had attempted to kidnap a young woman as she was walking home from a gymnasium she regularly attended. Immigration and Customs Enforcement (ICE) Agent David G.Nichols fled after hearing the young woman call 911 after her boyfriend defended her from Nichols. Wilhelm was shot dead in his home and several of his belongings, including his badge, a gun, and a pickup truck, were stolen.Once in the apartment, she supplied Nichols with methamphetamine, and she also read portions of The Purpose Driven Life to him.On May 5, 2005 Nichols was indicted by a Fulton County grand jury on 54 counts including murder, felony murder, kidnapping, armed robbery, aggravated assault, aggravated battery, theft, carjacking, and escape from authorities.
The prosecution charged him with committing 54 crimes during the escape; and he was found guilty on all counts on November 7, 2008.
Nichols's defense argued that he was insane and should not be held accountable for his actions.
The defense stated that he had previously shown signs of depression and suicidal ideations after breaking up with his girlfriend.
Bodiford handed down the maximum sentence on each of the charges, to run consecutively.
Nichols was spared multiple death sentences when the jury failed to reach a unanimous decision, as required by Georgia law, to recommend the death penalty.