Terry Nichols escaped a death sentence Wednesday when his jury deadlocked in the penalty phase of the Oklahoma City bombing trial and was dismissed by the judge.
Under federal law, a death sentence can only be imposed by a jury. U.S. District Judge Richard Matsch had promised he would issue a penalty of less than life in prison if jurors decided to put the decision in his hands.The jury had three options: issue a death sentence, send Nichols to prison for life without parole, or send the case back to the judge. Matsch told the jurors they had done their job after deliberating over two days.
"I do not want you to feel that you have in any way failed to meet your responsibility," Matsch said.
Nichols was convicted on Dec. 23 of conspiracy and eight counts of involuntary manslaughter for the April 19, 1995, bombing that killed 168 people. Nichols was acquitted of first-degree murder and use of a truck bomb in the deadliest terrorist act ever on U.S. soil.
On Monday, jurors asked Matsch to clarify his instructions on the conspiracy charge. Some court observers said jurors appeared confused when the judge referred them to their original findings in the guilt phase.
Nichols' former Army buddy, Timothy McVeigh, was convicted of 11 counts in June, including murder, conspiracy and use of a truck bomb.
Nichols' jurors looked weary and haggard by the end of their second day of deliberations Tuesday night. At least two wiped away tears as they listened to the judge before being sent home then.
"Everybody who has worked on this case knows the stress and strains that are with you," Matsch said. "We understand the difficult task that has been given you, and it is not expected there be some kind of quick response."
The jury posed two questions Tuesday, which Matsch discussed with attorneys for both sides but refused to reveal publicly.
Jim Denny, whose children Brandon and Rebecca were injured in the bombing, sympathized with the jurors.
"I mean I really think that the 12 jurors became victims in this. They saw things that we saw that day and probably more than we saw.
"I really feel for them. I think they made the right choice in letting the judge handle it."