‘Gun fanatic’ brothers were playing around after dinner. One is dead, the other jailed
Lakeland area resident Tyler Nichols told Polk County Sheriff’s Office he and his family were “gun fanatics” and knew gun safety. Though he and his brother sometimes pointed guns at each other in fun, Nichols said, they always made sure the guns weren’t loaded.
Except April 22.
Miller, 21, was fatally shot when, according to an arrest report, Nichols pointed a Smith & Wesson at Miller in the spirit of their post-dinner playfighting and squeezed the trigger. Nichols said he knew the gun didn’t have a magazine in it. But, he admitted, he didn’t know there was one bullet in the chamber.
Nichols, 19, remains in jail on a manslaughter charge as well as violating pre-trial release on misdemeanor marijuana possession and drug paraphernalia possession charges. His bond is $10,500.
Nichols and Miller lived with their mother, Shannon Jarvis, and Nichols’ father, James Nichols. The arrest report said the house’s living residents each gave the same account of what happened after dinner on April 22.
Nichols and Miller began “rough housing” with each other in fun, long enough that they were still “goofing off” as James Nichols showered and got dressed. The brothers kept horsing around as they agreed to get cigar wrappers for rolling marijuana joints. Miller wanted to use the bathroom first. Jarvis saw Miller come out of the bathroom and Tyler Nichols in the hallway.
One shot rang through the house.
Jarvis said she saw Miller fall and heard Tyler Nichols say “I’m sorry, it was an accident!” James Nichols said he called 911, moved the gun from next to Miller as Tyler Nichols said, “I’m sorry, bro!”
Polk County Sheriff’s Grady Judd said “Even if you think that the gun is unloaded, never point one at another person in jest. Tragic consequences can result.”
This story was originally published May 3, 2020 at 9:51 AM with the headline "‘Gun fanatic’ brothers were playing around after dinner. One is dead, the other jailed."
