Homeless man charged with throwing large rock at elderly man’s head, threatening police officer

Staff report

GAINESVILLE, Fla. – James Paul Nichols, 62, was arrested yesterday and charged with aggravated assault on a person over 65 years of age and resisting an officer with violence after allegedly throwing a football-sized rock at a 74-year-old man on NW 13th Street.

At about 12:48 p.m. yesterday, a Gainesville Police Department officer responded to the 700 block of NW 13th Street, where the victim told him that a man he didn’t know had thrown a large rock (approximately the size of a small football) at his head. He said the rock hit the pole of a bus stop sign and missed his head by inches. The officer reported that the rock was large enough to cause serious bodily injury if it had hit the 74-year-old victim.

The suspect, later identified as Nichols, fled on foot but was reportedly found at about 2:20 p.m. about a block away at his campsite in the woods. Nichols allegedly put on a baseball glove when he saw the officer and moved farther into the woods, hiding behind trees and bushes. The officer told him to come out, and Nichols allegedly refused. Nichols allegedly picked up a beer bottle and made threats to harm the officer if he came any closer.

The officer reported that as he approached Nichols, Nichols picked up a second large glass bottle and continued to threaten to harm the officer. After almost 45 minutes, the officer eventually tased and apprehended Nichols.

The officer reported that the original incident was captured on surveillance video.

Post Miranda, Nichols declined to answer any questions.

Nichols was arrested in May 2021 for lewd/lascivious behavior and indecent exposure, both misdemeanors. He was found mentally incompetent to stand trial in July 2021 and released to outpatient mental health treatment since he did not meet the criteria for commitment to an inpatient treatment facility. In September 2021, his Pretrial Officer reported that he had not made the required contact with Court Services and that they did not know where he was and therefore could not supervise him. A warrant for his arrest was issued, and he was arrested in October 2021. He was released on a signature bond the next day with a requirement to maintain contact with Court Services and report to Meridian for competency restoration treatment.

Another violation report was issued in November, stating that Nichols had not made any contact with Court Services after his release and had not gone to Meridian. A warrant was again issued for his arrest, and he was arrested in February 2022. He was released a few days later to the supervision of Court Services, and his Pretrial Officer filed a violation report two days later, stating that Nichols had not made contact with Court Services and had missed his scheduled appointment at Meridian.

A warrant for his arrest was again issued, and he was arrested in March 2022 and released to the supervision of Court Services a few days later. Two weeks after that, he failed to appear for a hearing, and another warrant was issued for his arrest.

He was arrested in July 2022, and his attorney filed a motion to dismiss the case because under the Florida Rules of Criminal Procedure, if a defendant remains incompetent for more than a year and the charge is a misdemeanor, the case shall be dismissed. Judge Susan Miller-Jones dismissed the case on August 25, 2022.

Judge David Kreider set bail at $100,000.

Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.

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