that game at home tuesday when he saw the fan's reaction. he made sure the boy walked away with one of his jerseys. on wednesday, tnt's jamal crawford tweeted this. yesterday this young kid was so hurt, today his life was made. this is what it's truly about along with a photo of the young fan getting to meet -- look at that -- his favorite player. thanks for being with us. we'll see you tomorrow morning. "cnn newsroom" is now. good morning. i'm erica hill. >> i'm jim sciutto. as soon as today police in memphis, tennessee, could release body camera video from the violent january 7th arrest that lead to the death of 29-year-old tyre nichols. an attorney for his family says that video will show that he was beaten, quote, like a piñata

according to a preliminary i understand denlt autopsy he suffered extensive bleeding caused by a severe beating. overnight the memphis police chief vowed absolute accountability for those held responsible. >> i'm a mother. i'm a caring human being who wants the best for all of us. this is not just a professional failing. this is a failing of basic humanity toward another individual. this incident was heinous, reckless and inhumane. >> all five of the officers involved in that incident have been fired. the nichols family now calling for them to be charged with murder. cnn's sara sidner is in memphis this morning with the very latest. when we hear from the family, it is absolutely sara. what do we know? >> the family has said we're going to get justice for tyre,

if it's the last breath i breathe. that came from his mother. she talked about never having her son walk through the door again. she said he would always come in and say "hello parents." she and his step dad, as you might imagine, are going through hell right now. they have lost someone and they can never, ever, ever have him back. the funeral services will be held february 1st. we enter the church where the service will be held, and the senior pastor talked to us about how the community is feeling, saying people are feeling anxious. they are concerned about what this video is going to show. a lot of people have said they must have charges against these officers. that's what the community and the family is demanding. the family demanding that the charges not be something like manslaughter, but be murder one

his mother said. there's a real desire to see some real consequences, besides the fact that the police chief was very swift in the firing of these five officers. that is different than what the community has seen in past incidents when there's a swift response. that swift response may well be because of the video that was seen and other things. we now know the five officers have been fired as well as -- and this is extremely concerning as well, a couple of members of the fire department as well have been terminated. there are a lot of questions about what their role was or was not during what has been called a severe beating. the police chief talked about protests. she talked about understanding how people are feeling now. let's take a listen.

>> i expect you to feel outrage in the disregard of basic human rights as our police officers have taken an oath to do the opposite of what transpired on the video. i expect our citizens to exercise their first amendment right to protest to demand action and results. we need to ensure our community is safe in this process. >> reporter: i do want to also mention there have been talks, we learned from community members, that some of the activists demanded to speak to the district attorney. for the first time ever, the district attorney who is relatively new, had them come in and he sat down and talked with them. there have been talks between the community, community activists, the clergy, with the district attorney and the police chief. they've sat down to try to be

more transparent. there's so much we don't know. as far as the video coming out, it may not just be police cam video. we don't know what it is. it could be from the cameras on the street lights. it could be from a bystander. there are lots of options that have not been spelled out for us. >> good point certainly, sara sidner. joining us to discuss, criminal defense attorney joey jackson and former philadelphia police commissioner charles ramsey. joey, if i can begin with you, we should note it's early. we don't know all the facts and details. we know what the police chief saw in that video was enough for her to immediate fire those officers and describe their actions as heinous and reckless. what role would the video play in a potential legal case against these officers? >> jim, good morning to you, erica and chief. it would play a significant role. why? because the video is telling us

specifically what occurred. when you're looking at any prosecutions, there are specific investigations. those investigations include a lot of things including witnesses, surveillance, else. eyewitnesss bring you to the event. they help to understand specifically what occurred. you have the eyewitness which is the video itself. i would suspect, jim, there will likely be two prosecutions here. don't want to get ahead of it. if past history is any guide with respect to these police cases, i think the state case will move forward. they'll investigate and make a determination as to whether the indictments against these officers, whether it be murder for untent, manslaughter under a reckless theater, failure to intervene, failure to act. i think certainly the department of justice has a role federally with regard to civil rights violations. we can anticipate the federal government to follow with a

prosecution of their own. >> as we await charges, so much is about the reaction, anticipation of what's going to be seen in the video, especially with the comments from the chief but also from tyre nichols' family. the police chief calling the video heinous, inhumane. she says she expects you to feel outraged at the basic disregard of human rights and also said it shouldn't be a calling card for violence. do comments like that, don't make this a calling card for violence and destruction, does that help or hurt? >> i think it helps. you have to at least try to reach the public. you know there's going to be outrage. you know there's going to be protests. the problem is there's oftentimes a small group of individuals that actually hijack the peaceful protests and turn it into something violent and ugly. that's what she's trying to avoid. that's not just memphis. this could have a reaction

around the country much like george floyd did. so i'm sure that police chiefs across the country are anxiously awaiting the release of that video. i'm certainly going to be watching and looking. i've seen hundreds of use of force cases, video, body cam and other sources of video, looking to see whether or not the use of force was indeed excessive. i have no reason to believe it wasn't based on the statements given. but i need to see it myself. it's going to be ugly. it's not going to be good. what she's trying to do is avoid having that violent small element take over that protest and actually turn it into something that actually overshadows the actual incident. >> joey jackson, tyre nichols was a young black man. the five officers are african american men as well. you mentioned the possibility beyond potential state investigation for excessive use of force, the possibility of a federal civil rights

investigation oftentimes in cases like this, we've seen hate crimes charges possible. does that pattern affect that potential federal prosecution? >> so, i think what the federal government, jim, will look at, are the issues of the constitutional liberties we all possess. everyone has the right to live their life unimpeded by excessive forth. we have forth amendment right correspondence unlawful seizure. so i think that's what they'll annual. in terms of civil rights violations, what the federal government looks for is the intentional and willful violation of that right, look for the specific conduct as to all the officers, did they act in concert? what specifically did they do? what specifically did they not do? based on that pattern of facts, the federal government and prosecutors will assess what charges should be level against

them. i would anticipate with the autopsy and everything being as it is, that the federal government may do so in pursuing those civil rights violations. >> joey jackson, charles ramsey, appreciate it. thank you both. well, just moments ago the labor department released new figures on the state of the u.s. economy. data shows the u.s. economy grew at a pace of 2.9% in the fourth quarter. that's ahead of forecast. that's despite fears of a recession and continuing inflation. >> that number beat economist expectations. cnn business correspondent christine romans. >> the takeaway is the economy was strong into last year. the second half of last year was a strong formzperformance in th economy. this does not look recessionary at all. 2.9% economic growth, a little slowdown from the third quarter.

by any stretch of the imagination, under normal circumstance, that's a powerful end to the year. for the year, the annual number, 2.1%, you can see that's a slowdown from the year before. 2021 you guys, that was the strongest economy since ronald reagan was in office, strongest economy since the 1980s. so still moving into this year at a pretty good clip here. i'll tell you, also, the latest weekly jobless claims, this number fascinating to me. only 186,000. you've seen tech companies and media companies laying people off. the general rule here, what's happening in the labor market, it is strong. employers don't want to lay off workers. i think the takeaway is we're heading into 2023. when you look at our rear view mirror, moving into this new year from a very solid position, whatever happens next. >> good news, bad news.

labor market is still strong. economy is still strong. we know the fed wants to tame inflation without sending the economy into recession. do they look at these numbers and say, we've got a little more leeway to raise interest rates? >> i think what a lot of people are expecting is the fed may only raise interest rates 25 basis point next time. you have gdp number, 2.9%. that's down a little bit from the third quarter. so maybe showing signs of cooling there. overall here, wouldn't it be the goldilocks scenario to still have a strong labor market, relatively strong labor market, but not growing 400, 500 jobs a month, inflation starting to cool and you start to see that scenario for a soft landing. there is still a path here to avoid a recession this year assuming washington doesn't screw it up. >> oh, imagine that. christine romans, thank you. up next, lawmakers say they're not getting the answers

that they need about what was in the classified documents found at president biden's home. now the national archives may ask all living former presidents and vice presidents to check. the double murder trial of alex murdaugh, the state arguing gun residue will prove the former south carolina attorney killed his wife and son. >> neither one of them had defensive wounds, as if they didn't see a threat coming from their attacker. >> there's no eyewitness. there's no forensics tieing him to the murder. ahead, alarming details about how a virginia school down played multiple warnings that a 6-year-old had a gun at school, this hours before that 6-year-old went on to shoot his teacher. now at least two officials are out of their jobs.

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this morning the national archives is considering asking all living former presidention and vice presidents to search their records to make sure they don't have any classified materials. so far, we're keeping the tally, classified documents found at the home of former vice president pence, president biden and former president trump. >> cnn is also learning federal investigators were prepared to seek a warrant if they did not get consent to search president biden's home in wilmington, delaware. cnn legal affairs correspondent paula reid is covering. the events are happening almost hourly. you have new reporting on how the fbi search of biden's home materialized. >> this was unprecedented. the fbi searching the home of a sitting president. biden's team stressing they were cooperative. we learned that federal investigators were prepared to get a warrant if they didn't get consent. they never had to raise that

possibility in these discussions, the high-stakes discussions because they came to an agreement about how the fbi would be allowed to search the house. they were given access and allowed to search the entire premises. the justice department is aware that even if the facts of the trump case are different, the attorney general, we heard him say this earlier this week, they're going to treat everyone equally. some justice officials have also told us they've been fraitd at times by certain decisions the biden team made, specifically weeks after the justice department told the biden team they would be reviewing the case, they didn't tell the justice department they were doing that until after finding classified materials. a notification was not required. we learned the lack of advanced notice irritated some justice officials. we've heard concerns about how the white house was not fully forthcoming with the public. you may remember they confirmed the discovery of documents at the penn biden center, but failed to is close they had also

found documents in wilmington. all this informed the decision to appoint a special counsel. as we previously reported, more searches could be coming. >> maybe lots of searches. paula reid. joining us to strus, alice stewart and margaret hoover host of pbs's "firing line." what i find interesting, margaret, is this push for more information on the documents. this is really bipartisan at this point. is this a point of unity we can see in this congress that could actually point to some action here? >> there clearly is a bipartisan problem in terms of taking and retaining classified documents which are, by the way, our property. these are property of the people. this society is governed by the people where we lend power to our elected representatives. if they all have classified

documents, it obviously begs the question do they all do this? i spoke to a senior official from a former administration a couple days ago who said, yeah, everybody does it, how do you think they write their books. the national archives and records administration i hope will help us get to the bottom of this problem and stop it. >> i wonder, as a practical matter, has the involvement of trump, biden and now pence effectively neutralized this as a political issue for 2024? >> in most textbooks, it absolutely does, jim. this is about the mishandling of classified information. as margaret said precisely, these are the american people's documents. they deserve to be held and protected as classified materials. what i'm hearing from senior republicans in the house and the senate is they're concerned more than anything that what we do

know now is this is just the tip of the iceberg and the drip has become a steady stream of information that we're hearing. look, we can all agree the size and scope and secrecy of former president trump's document scandal is much grander. this is the situation we're dealing with right now with the current president, and it appears as though, clearly, this has been going on for quite some time. there's concern by top republicans at the way he is responding to this, his press secretary, john kirby -- more than anyone admiral kirby knows what it takes to get inthe secret room, to have access. and concern that there's a flippant, passive response to how the administration is handling this. we're scratching the surface at what they think they will find. >> a lot of questions about what is in these documents. i want to move on to the debt

ceiling. what i find fascinating is how the senate seems to be reacting. senator john thune who is the number two in leadership telling cnn he thinks it's true that it could be difficult for house republicans to unite around a plan. margaret, senate republicans seem to be, hey, we're going to sit back and be the adults in the room and let you figure it out. do you think they have confidence in their house colleagues at this point? >> no, let me make it simple. i don't think republicans in the senate have a lot of confidence this is going to play out in a way that is -- at the level of i think respectability, seriousness and responsibility that they would expect from their peers across the aisle, across the other side of the capitol, rather, the republicans in the house of representatives. this does have to generate out of the house of representatives. it's going to be very, very tricky. we all know that.

in terms of setting expectations, i think it's important to remind viewers that this debate is going to go on probably through the summer, maybe even into the fall until republicans may be able to figure out whether they're able to use this moment to force some budgetary reforms on the current federal government. >> well, alice stewart, holding over the heads of everyone is republicans, in effect, threatening to force the u.s. government to default on its debt. i wonder, we saw the party's attacks on one institution effectively fail in the midterms, that is, attacking the electoral system claiming a fake election. that largely failed. politically is this a failing strategy for republicans as they take over the house to at least threaten that, perhaps bring the country to the brink of that? >> anyone who thinks the house republicans are going to deal with this in short order need to be reminded of how kevin mccarthy got elected after 15 votes. this is going to be a very messy

process, jim. i think we can all agree on that. look, there are very vocal republicans in the house that have made it quite clear they're not in support of raising the debt limit without some type of spending cuts. there needs to be conditions associated with that. democrats have been quite clear that that is completely off the table. b kevin mccarthy's job is to get everyone together and have these bipartisan conversations because the debt is one of the clear and present dangers of this country. i truly believe that we need to have spending cuts but also need to make sure we address the debt and the credit worthiness of this country first off. but the good thing is they're starting these conversations early as opposed to the 11th hour right before we meet the deadline. >> the other way to address debt would be to get majorities in both houses of congress and pass budgets that are different. this is a different path. we'll see where it ends up. alice stewart, margaret hoover, thanks so much.

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. any moment now testimony set to begin in the double murder case against former south carolina attorney, alex murdaugh. he, you may remember, accused of killing his wife and youngest son in june of 2021. >> opening statements yesterday, prosecutors and defense attorneys painting wildly

different pictures of what they believe happened that night. >> pow, pow, two shots in the leg and took her down. after that there were additional shot including two shots to the head and again did catastrophic damage that killed her instantly. >> the cell phone records indicate he would have had less than ten minutes to kill them, get up to the house, get in the car and crank it up. he would be covered in blood. >> cnn national correspondent dianne gallagher is outside the courthouse in south carolina. in terms of what we heard yesterday, that's setting the stage for what we're expecting today, bring us up to speed, dianne. >> reporter: testimony expected to begin momentarily once court gets under way behind me. we anticipate to hear from first responders who arrived on scene

on june 7, 2021, and potentially they will be playing body camera video. we're told you it is approximately a 45-minute video. the defense asked for the entirety of the video to be played. whether or not everyone will see that video or just the jury, we'll still learn that in the coming moments. we're likely not going to be able to broadcast that live due to the gruesome nature of the crime scene. that's something we heard a lot about during the opening statements from both the defense and prosecution. both of them using it to prove their own case. we heard from the prosecution yesterday about a rain coat they found they say alex murdaugh took to his parents' house in the weeks after the murder. take a listen. >> they go upstairs and find, they find a wadded up, very, very large raincoat in a blue color. it looked like a tarp.

you'll hear evidence that it was coated with gunshot residue on the inside. you're going to hear other evidence of gunshot residue. >> reporter: that gunshot residue is something we had not heard about previous to those statements. of course, the weapon that they've been talking about here is unaccounted for still, but they claim it was one in the murdaugh family's personal collection. most of the evidence in both the defense and the prosecution's case seems to focus on cell phone data from all three, paul, maggie and alex murdaugh's phones. the defense using a case using voices on videos, snapchat videos saying it puts murdaugh at the scene when the defense says he wasn't. the defense says it paints a

picture of a loving father and someone they say couldn't have committed this crime. >> you'll see a video somewhere between 7:30 and 8:00 the night of the murder with paul and alex riding around looking at trees they planted. they're laughing, they're having a good time. to find alex murdaugh guilty of murdering his son, you're going to have to accept that within an hour of having an extraordinarily bonding -- you can see it in the snapchat -- that he executes him in a brutal fashion. not believable. >> reporter: look, we're going to hear a lot about cell phone data, those videos. it's also important what we're seeing happen in the courtroom. remember, alex murdaugh was disbarred, he knows the jury is

watching him. sitting behind him, his family, including his son buster. jim and erica, yesterday was the first time i've seen buster supporting his father in person at any of his court appearances. that is something that everybody who has been following this case was a little surprised to see, something we were waiting to find out, is buster going to show up in person. he did. he came in again this morning, sitting behind his father again today for this day of testimony in court. again, we're told this is going to last several weeks and anticipate extremely gruesome testimony in the coming days. >> the circumstances of this case, just incredible. dianne gallagher, thanks so much. with us to discusses, former assistant district attorney and prosecutor, 'em ron en sarry, a host and legal analyst for the law and crime network. thanks so much. >> thanks for having me. >> big picture, based on what we know, the evidence so far, who do you think it favors in this

case? >> well, the prosecution, it's a circumstantial case. they outlined yesterday in their opening statement the evidence they're going to be presenting to this story. it seems pretty compelling when you take the pieces and put them together. i think the prosecution is outlining a strong case. of course, the defense will be looking to poke holes into that case. >> when we look at the fact that you have both the prosecution and the defense focusing on cell phone data, increasingly we're seeing this type of information come into courtrooms. just how solid is this typically in terms of evidence? >> as we get along in the age of technology, more and more you see cell phone data, videos coming into evidence. we hear there's going to be a key piece of evidence, and that would be the snapchat video coming from the son's phone, the deceased son paul's phone. we know prosecutors are relying on this to place alex murdaugh at the scene of the crime when

he previously stated he was not there. you see this pattern in this case and other cases where this technology, this sort of data is being used more and more by the prosecution, but also the defense when it favors the defendant. >> imran, i wonder, and dianne mentioned this in her report, to see murdaugh's other son, his surviving son in the courtroom showing support for him. this is a jury trial. prosecutor and the defense attorney, they're trying to persuade the jury. is his presence there persuasive in cases that you've been involved? >> jim, i think it's very telling. he appeared on a witness list for the prosecution. we expected he may be and still may be a state's witness, but he's sitting behind his father. if you think about the facts of this case, the murder of the mother, the brother, and the fact that he's now sitting behind his father, seemingly showing support for his father, i think it's vrs telling. i would imagine the jury is

focusing in on that, seeing that support for his father and taking that in and wondering what is the family dynamic here and why these crimes which he's alleged to have committed, if they did occur, would the son be backing him? >> he's listed as a potential witness. i should point out we're looking at live pictures now as court gets under way. imron, great to have you with us. >> of course, we'll continue to follow that case. still ahead, massive russian air strikes against ukraine, notably just hours after news that western allies, including the u.s., are preparing to send tanks. we'll be joined by general david petraeus to discuss. that's coming up.

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this morning ukrainians told to take shelter as russia launched yet another major aerial assault on ukraine. ukrainian officials say russia fired some 55 missiles all across the country overnight, aimed specifically at energy facilities. and while nearly two dozens of those missiles were shut down, many hit their targets. one man killed by falling missile fragments. this latest round of attack comes hours after u.s. and several european allies vowed to send tanks to ukraine, something president zelenskyy has been asking for. joining me is general david petraeus. >> good to be with you. >> you're aware of the debate leading up to this. are tanks the weapon that ukrainian forces need now?

>> absolutely. ideally would have made this decision a bit earlier so they can train fully on them and integrate into their forces. but without tanks, you don't have the centerpiece of the kind of combined arms operations that would be necessary to enable ukraine to have successful counteroffensive operations this spring and summer to liberate more of their territory from russian occupation. it's interesting in the kremlin they downplayed the issue of tanks, said, well, this might delay things a little bit. of course, it's the punitive actions, the punishment with these 55 missiles they shot at ukraine last night, again targeting, of course, civilian infrastructure, not military. again, a violation of the rules of land warfare. at the end of the day, this is a very significant development. clearly the united states recognize that it's necessary for them to give a certain number of our m1 abrams tanks to

get germany to get germany to send their leopards and also poland to send their leopard tanks to ukraine, too. this will enable the defenses that are necessary for ukraine and without which they couldn't have conducted. >> as you're aware, one factor in all these weapons decisions going back to the very start of the war, not just is this the right weapon for ukraine, but also could this go too far so as to provoke russia in retaliation or escalate the conflict into one between the west and russia. do you have any concern about tanks raising that risk too far? >> not really, no. i don't think this is going to trigger -- i think actually we have done -- the countries, the u.s., the western countries have done quite a good job of conveying to russia that, if they were to use, for example, tactical nuclear weapons or attack a nato country, russia

would end up in a worse situation than it was before that option. i think deterrence is at play here. i don't think this is the issue that would result in some escalation that should be of enormous concern to us. although, again, all they could do is just launch what we hope is a dwindling number of their missiles at ukraine last night. >> this war has taken on many characteristics of a war of attrition, just horrendous military casualties on those battlefields in the east without much forward or backwards progress, as well as you referenced, tremendous civilian casualties as russia tries to rain down punishment on them. do you see anything changing that dynamic in the coming months? >> yes. what i hope is that we will continue to do everything that we can to enable ukraine to convince vladimir putin that this war is unsustainable, keeping in mind that russia has

already lost at least eight times the soldiers in 11 months that they lost in nearly ten years of war in afghanistan, of course, which was unsustainable for the ussr, and also as we tighten further the economic, personal sanctions on exports from russia, we can convince putin this war is unsustainable on the home front as well. that's got to be the objective. until putin recognizes he's not going to achieve his ultimate goals and the war is not sustainable, there won't be meaningful negotiations. at that point ukraine, which will need a plan for reconstruction, will need an iron glad security and needs to stop the damage, then you can have meaningful discussions and a resolution through discussions. >> you mentioned the afghan war which many looking back historically say was a factor in the collapse of the soviet union. what is your level of concern, hope even if you want to describe it that way.

what is the threat to putin's government from his on going troubles and high costs from the war in ukraine? >> that can't be discounted. we all think this is inconceivable. you look at a kleptocracy, a dictatorship and say there's no one anyone can amount a coup against this. we've seen it during the arab spring where the regime seems to be incredibly solid right up until it's not. so this has to be a concern for putin. it's another of the elements that should play in as we try altogether to hasten that moment when he recognizes this is an unsustainable endeavor, he needs to negotiate some resolution and get out of it. >> perhaps the reason he sits at all those long tables. general david petraeus, always

good to have you on. >> thanks, jim. good to be with you. school officials were warned repeatedly that a 6-year-old who shot his teacher, warned that he had a gun at school. that's according to the teacher who was shot. why were so many warnings on that day ignored? inspire? no mask? no hose? just sleep. learn more, and view important safety i informatin at inspiresleep.com ♪3, 4♪ ♪ ♪hey♪ ♪ ♪ar♪are you ready♪ me ♪e you ready♪ ♪ ♪ wow, we're crunching tons of polygons here! what's going on? where's regina? hi, i'm ladonna. i invest in invesco qqq, a fund that gives me access to the nasdaq-100 innovations,

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well the story shock us from the beginning. probable you as a well. a 6-year-old boy shot his teach has now ousted the school superintendent in another major change, the assistant principal of the school where this shooting took place has also now resigned. >> the attorney for the teacher who was shot, now said that administrators were warned multiple times on that day that the child had a gun. but repeatedly failed to act. cnn's brian todd has more. >> i move that we approve the separation agreement with severance with the superintendent. >> reporter: the newport news school superintendent voted out after a separation agreement was

approved with superintendent jormg parker and appointed an interim superintendent. >> effective february 1st, 2023, dr. parker will be relieved of his duties as superintendent. >> reporter: all of this three weeks after a 6-year-old shot and wounded his teacher. >> this should not have happened. it was preventible and thank god abby is alive. >> reporter: the attorney for the teacher abby zerner will file a lawsuit against the newport news school district. >> had the administrators acted in the interest of their teachers and thieir students, abby would not have sustained a gunshot wound and a wound that is dangerly remaining in her body. >> reporter: a time line of warnings on the day of the shooting. first coming around 11:15 when zerner warned an administrator that the 6 ye-year-old threaten to beat up another student.

later at 12:30 another teacher suspected the gun had been put in his pocket. >> they downplayed and the possibility of a gun, say, and i quote, well he has little pockets. this is outrageous. >> reporter: around 1:00 p.m., a student confessed to seeing the gun at recess. >> did administrators call the police? no. did administrators lockdown the school? no. >> reporter: another teacher was then denied permission to search the child. >> he was told to wait the situation out because the school day was almost over. >> reporter: cnn reached out to the school district which declined to comment. parents like mark garcia have been calling for change. >> different principle and different administration.

>> reporter: his response to the allegations? >> i told my wife, after we saw it, i'll leave the expletives out, but i condition believe someone could be so blase or callous with the safety. what is their job? >> reporter: james, the attorney for the family of the alleged shooter responded to the allegations from abby zerner's attorney and to the planned lawsuit with an email to cnn saying that the family is continuing to pray for abby's zerner. that attorney had told us that the gun had been secured with a trigger lock in the family home an been kept on the top shelf of the mother's bedroom closet but couldn't answer when i asked how the child got access to the gun. >> to be a parent in that school. coy only imagine. >> and that is an important question. i'm glad you keep asking it, brian. >> coming up next, the fem miss police chief warned that video from tyree nichols encounter

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