Colorado Springs – A father who allegedly set fire to his home, killing his three children, has been indicted by an El Paso County grand jury more than two years after the tri-level home went up in flames.
The grand jury indicted Tim Nicholls, 34, on 18 counts of murder, arson, child abuse, theft and drug possession, saying he set fire to the home March 7, 2003, to defraud American Family Insurance Co. of more than $250,000.
Deb Nicholls – the mother of Jay Nicholls, 11; Sophia Nicholls, 6; and Sierra Nicholls, 3 – was indicted on drug charges and attempted theft.
“In the year preceding the fire, Tim and Deb Nicholls were experiencing financial difficulties and were using methamphetamines regularly,” according to a fact sheet in support of the indictments signed by the jury foreman.
The grand jury met for four hours a week for 13 weeks before deciding to indict the parents. Assistant District Attorney Amy Mullaney would not say what type of accelerant was used to burn the home. She said “new investigative techniques” were employed in the case.
Tim Nicholls was alone with the children when the fire was set in the 1,550- square-foot home at 4107 Undimmed Circle.
“Tim Nicholls knew that by setting fire to his house that he was practically certain to cause the deaths of Jay, Sophia and Sierra Nicholls,” the fact sheet says.
A month after the fire, an employee of a restoration company found a small plastic bag in the office of the home that “tested positive for cocaine and methamphetamine,” the fact sheet says.
Blood drawn from Tim Nicholls by medical personnel shortly after the fire tested positive for methamphetamine, the fact sheet says.
American Family Insurance has not paid the $250,000 claim, Mullaney said. The Nichollses have filed a civil suit against the company.
Tim Nicholls is being held without bail. Deb Nicholls is being held on $20,000 bail.
Staff writer Erin Emery can be reached at 719-522-1360 or eemery@denverpost.com.
