July 24—Prosecutors on Friday amended the charges against a Decatur man accused of breaking into a Trinity woman’s home last week from first-degree kidnapping and first-degree robbery to third-degree burglary.
Melvin Nickson Jr., 41, remained in the Morgan County Jail Tuesday in lieu of $150,000 cash-only bond on the charge of third-degree robbery, a Class C felony. Two misdemeanor charges related to his initial arrest – unlawful imprisonment and third-degree criminal mischief – still stands.
“The District Attorney’s Office was not involved in the investigation and/or arrest of this defendant,” said Morgan County District Attorney Scott Anderson. “The charges were modified to match the evidence we could present.”
Nickson was arrested last Wednesday after a woman told Trinity police she woke up in the morning and found him inside her home in the 300 block of Lamon Drive, according to a Trinity police officer’s statement. Nickson allegedly locked himself in a bathroom with the woman’s son until police arrived. He had no relationship with the victims, according to police, and ended up releasing the child unharmed.
Nickson attended the Aniah’s Law hearing Friday morning in U.S. District Judge Brent Craig’s courtroom. Aniah’s Law allows defendants accused of certain crimes — such as kidnapping and first-degree robbery — to be held without bail. Shortly before the hearing began, Nickson, handcuffed, sat alone in the courtroom with two investigators. Craig and the lawyers were temporarily away.
“I was trying to make sure the child wasn’t hurt,” Nickson told investigators. “We also have children in my house. I have a lot of illnesses on my mother’s side.”
Nickson referred to “a bed” at North Alabama Medical Center in Florence that he planned to occupy if released on bond.
“I’m not a threat to this community,” he told Craig when the judge reentered. Nickson then went into a side room with his court-appointed attorney, Phoenix Iverson, to discuss the case. Craig and Assistant District Attorney Courtney Schellack waited in the courtroom for about 20 minutes, while Nickson’s sometimes agitated voice could be heard a room away. At one point, Craig went to check on Iverson.
After more waiting, Craig asked Schellack if she was ready. “Apparently this will last forever,” he said.
When Nickson returned, he spoke directly to Schellack and asked why Trinity police would request a high bond from Judge Jennifer Howell. Schellack attempted to instruct him to direct all communications through his attorney.
“I don’t have $100,000,” Nickson said, apparently misunderstanding the agreed upon value of the bond. He claimed that white men were treated differently by the criminal justice system. “I can’t make that link. It’s not fair.”
“It’s not because you’re black,” Schellack responded. The State decided to dismiss Nickson’s Aniah Law crimes and replace them with third-degree robbery. Nickson’s pretrial bail was set at $150,000 cash, with electronic monitoring only required.
Unsuccessful with Schellack, Nickson turned his attention to Craig.
“I imagine the reason your bond is high is because you just got out of jail,” Craig said.
Nickson argued that he was in prison for something “petty” compared to white fentanyl offenders.
“They slap white people in the face,” he said. “They let them go to rehab. Why is it that I can never go to treatment?”
“I don’t know,” Craig replied. “I never sentenced you.”
Craig agreed to schedule a bond reduction hearing for Aug. 6. He told Nickson that community corrections would evaluate him and go from there.
Iverson, who is court-appointed to defend Class A and B felonies, withdrew from the case after Nickson’s charge was changed to Class C. Court records show Dwight Jett has since been appointed to represent Nickson.
In Craig’s initial appearance order for Nickson, he noted that Nickson has a history of probation revocations.
Nickson pleaded guilty to three counts of distribution of a controlled substance in 2019, according to records, and was sentenced by Howell to five years in the custody of the Alabama Department of Corrections; however, he was also ordered to complete substance abuse treatment and mental health treatment. If completed, according to a handwritten note, Nickson would be allowed to serve the remainder of his sentence in Morgan County Community Corrections.
In April 2020, Nickson began fighting with employees at the Morgan County Jail following his arrest on an outstanding warrant, according to a deputy’s statement. After Nickson was “sprayed and tased,” he produced “baggies from his rectum” containing 2.8 grams of methamphetamine, according to the affidavit.
In April 2022, Nickson pleaded guilty to a charge of promoting prison contraband and was sentenced to 87 months in state prison, court records show, to be served concurrently with his punishment in Madison County. In Madison County, Nickson pleaded guilty to possession of a controlled substance in February 2021, was found to be a habitual offender and sentenced to a split sentence of 97 months with jail credit, 16 months on electronic monitoring, with 24 months suspended, in accordance with the sentencing order.
“Based on the circumstances that have been conveyed to me, the bond is appropriate,” Anderson said.
– david.gambino@decaturdaily.com or 256-340-2438.
