By Lauren Gregory
Chattanooga Times Free Press (Tennessee)
Copyright 2006 Chattanooga Publishing Company
Chattanooga Fire Department officials on Tuesday announced they had terminated Marvin Nicholson Jr., the senior firefighter arrested a week ago in connection with the kidnapping and slaying of 15-year-old James Citizen Jr.
“After careful review of the city code and the fire department’s standard operating procedures, I have terminated Mr. Nicholson’s employment with the department,” Chief Wendell Rowe said in a news release. “In taking this action, I want to reassure the general public that our firefighters will continue to meet or exceed your expectations in terms of professionalism and devotion to duty.”
Mr. Nicholson was suspended without pay last Wednesday after he was arrested on charges of first-degree murder and especially aggravated kidnapping.
Mr. Nicholson’s firing took effect at 7 p.m. Monday, department spokesman Bruce Garner said.
Johnny Houston, Mr. Nicholson’s attorney, said Tuesday he believes the decision is “entirely unfair until (Mr. Nicholson’s) case is heard.”
“I think their action is entirely premature,” he said. “The fire department ought to understand that people are innocent until proven guilty, and there has not even been an initial hearing in the lower court yet.”
According to Chattanooga city code, an employee charged with a felony either may be dismissed or suspended until the charge is resolved. If the employee is found guilty while on suspension, he or she must be fired immediately.
If the employee is found not guilty, he or she must be returned to duty with back pay.
Mr. Nicholson made a brief appearance Tuesday in Hamilton County General Sessions Court, giving Mr. Houston the opportunity to ask for more time to build his defense. A first appearance hearing has been set for Oct. 25, at which time Judge Bob Moon will determine whether there is probable cause to hand the case over to a grand jury.
Mr. Houston has said he is conducting a private investigation into the case.
Hamilton County Sheriff’s Department Chief Deputy Allen Branum said the matter is being investigated by law enforcement personnel, as well.
“They’re just tying up loose ends and following up on any leads, no matter how small or how large. We want this investigation to be as detailed and as thorough as possible,” he said.
Specifics of the investigation, including possible motives and what the relationship might be between the suspect and the victim, are under wraps, Chief Branum said.
Mr. Citizen was taken from outside his Dodson Avenue home Oct. 3, according to Chattanooga police reports. An hour later, the Hamilton County Sheriff’s Department received reports of gunshots on Sims-Harris Road, where they later found Mr. Citizen’s body.
Mr. Nicholson was arrested the next day after being identified by two witnesses through a photo lineup.