Murder suspect enters plea: Brooks takes second-degree murder charge in death of 13-year-old

Jun. 1—By GREG JORDAN

Bluefield Daily Telegraph

PRINCETON — A trial's second day ended before it started Wednesday when a Mercer County woman being tried for first-degree murder in the March 2022 shooting death of a 13-year-old girl pleaded guilty to second-degree murder.

Nichole Brooks, 44, of Bluefield was being tried on charges of first-degree murder, use of a firearm in the commission of a felony, wanton endangerment and conspiracy. Brooks and her daughter, Isis Wallace, were charged after the March 23, 2022 shooting which led to the death of Maryse Tatum, 13, of North Carolina.

Tatum died at a Charleston hospital after being shot at the intersection of Cumberland Road and U.S. Route 460 in Bluefield. The incident began earlier that evening when officers with the Bluefield Police Department responded to a call about a domestic altercation at a Memorial Avenue home. Wallace's boyfriend was charged with domestic battery, arraigned before a magistrate and released on bond. He returned to Memorial Avenue with Tatum and her mother to collect his belongings.

After another argument during which Wallace fired a shot, Wallace and Brooks got into a white Suburban — Brooks was driving — followed his car and caught up with it at the intersection, investigators said. One shot was fired from the Suburban and Tatum was struck in the head. She was taken to Princeton Community Hospital and then transferred to the Charleston hospital where she later died.

The trial started Tuesday before Circuit Court Judge Derek Swope after almost five hours were spent selecting a jury. Jurors heard opening statements from the prosecution and the defense as well as testimony from several witnesses before court was adjourned for the day. Brooks was wearing civilian clothing for her trial.

Brooks arrived in court early Wednesday morning wearing shackles and an orange jail uniform after the court was informed that there was a plea agreement.

Judge Swope reminded Brooks of her right to a jury trial and asked other questions about her decision to enter a plea. She was also reminded that pleading guilty would be the same as a conviction. Brooks told the court she had discussed her decision with her father as well as her attorneys, Joe Harvey and J.J. McPherson. She also spoke briefly with her family in the back of the courtroom.

Brooks was told that in order to be convicted of second-degree murder, the state would have to show that she feloniously, maliciously and intentionally shot and killed a person or was a participant in a person's death.

"That's what they would have to show," the judge told Brooks about second-degree murder. "Not premeditation."

Prosecuting Attorney Brian Cochran, who represented the state with Assistant Prosecutor Josh Lawson, said Brooks will be facing up to 30 years in prison. The remaining charges would be dismissed. Cochran said she would have to serve a minimum of 10 years before being eligible for parole. Judge Swope told Brooks that if she did not lose "good time," or days taken off for good behavior, she could discharge her sentence within 15 years.

Cochran told the court that Tatum's mother asked his office to proceed with the guilty plea and told him that she believed both Brooks and Isis Wallace were responsible for her daughter's death. In his opening statement Tuesday, Lawson told the jury that it did not matter who fired the shot that killed Tatum.

Detective-Lieutenant K.L. Adams with the Bluefield Police Department, who investigated the murder with Detective — Sergeant K.L. Ross, said after the hearing that Isis Wallace confessed to being the one who fired the gun, and evidence pointed to her being the shooter.

After Brooks told the court that she was sorry about Tatum's death, Judge Swope asked her who fired the gun. Brooks at first replied that she wanted to "take the Fifth," which involves invoking the Fifth Amendment of the U.S. Constitution which includes the right against forced incrimination.

"I didn't pull the trigger," she said moments later.

"She wasn't involved, was she?" Judge Swope said to Brooks about Tatum. "She didn't do anything wrong. She was a 13-year-old who was along for the ride and she got killed."

The judge ordered Brooks to undergo a pre-sentencing investigation. Sentencing was set for August.

Isis Wallace pleaded guilty March 29 to second-degree murder, use of a firearm during the commission of a felony and conspiracy to commit murder. She faces up to 50 years in prison, and her sentencing is pending.

"We had her charged with first-degree murder and we felt like we had a strong case," Cochran said about the Brooks trial after she pleaded guilty. "We felt like we had a good jury and we put on five or six witnesses (Tuesday) that testified. No surprises. I thought things were going very well and we were prepared to go today."

Tatum's mother asked the prosecutor's office to make the plea agreement.

"The mother of this child, she wanted finality. She wanted closure and certainty, so it was a very difficult decision to make for me; but I feel like as a parent if something like this happened to me, I would hope the prosecuting attorney would consider my thoughts, my feelings and my opinions and that's what I did," Cochran stated. "I did this because the mother wanted this resolved. She, just like I do, believes that both Isis Wallace and Nichole Brooks are responsible for the death of her child."

"She wanted to make certain that both Isis and Nichole were both held accountable for her child's death and she understood that you just never know what a jury's going to do," Cochran said. "There was conflicting evidence as to who fired the gun. There was only one shot fired that killed this child. There were two defendants charged and our theory of the case was it didn't matter who fired the gun. They were both there, they were both responsible. That's the case we were presenting to the jury; again, the mother wanted us to do this and that's why we did it. I wanted to honor her wishes."

Cochran thanked the Bluefield Police Department for doing "an exceptional job" on the case.

"It's a difficult case that they worked," he said. "They were able to put together a lot of evidence in the case against both defendants and the Bluefield officers who investigated this case, they also thought we should accept this agreement. It's tough. It's a tough call. Based on everything, I think I made the right decision."

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com