Colorado Springs – A judge Thursday refused to allow a mother whose three children died in a house fire in 2003 to extend her nightly curfew and check in less frequently with her bondsman.
Deborah Nicholls, 38, who was indicted in July on counts of drug possession and attempted theft for trying to get insurance money from American Family Insurance, is married to Timothy Nicholls, 35, who has been accused of setting fire to their home March 7, 2003, and killing the children.
In July, a grand jury indicted Timothy Nicholls on 18 counts, including murder, arson, child abuse, theft and drug possession.
On March 24, after videotaped testimony from Hiram Church during a preliminary hearing, Judge David Miller found enough evidence to bind Nicholls over for trial on a conspiracy to commit murder charge.
Church, who shared a jail cell with Nicholls, has been convicted of robbery and theft. His sentence on a shoplifting charge was reduced by 40 days in exchange for his testimony.
Church testified that Nicholls confessed to killing Jay, 11, Sophia, 5, and Sierra, 3. Church testified that Nicholls told him that Deborah Nicholls helped plan the attack to collect insurance to pay off drug debts. The couple put “Goof Off,” a highly flammable solvent, on the couch, then had the children sit on the sofa, Church said on the videotape.
Prosecutors declined Thursday to say whether additional charges would be brought against Deborah Nicholls.
Judge Miller wasted no time Thursday refusing her request to extend her curfew from 9 p.m. to 11 p.m. so she could attend community college classes.
Miller also said Deborah Nicholls must continue checking in daily with her bondsman; she wanted to check in once a week.
The judge said he had read the grand jury transcripts in the case.
“There certainly is erratic behavior, and I want to keep her on as short of a leash as I can,” he said.
Timothy Nicholls is being held in jail without bail.
Staff writer Erin Emery can be reached at 719-522-1360 or eemery@denverpost.com.
