Judge: Former deputy accused of killing wife will stand trial for murder

A former El Paso County Sheriff’s deputy accused of killing his wife will stand trial for first-degree murder, a judge ruled Thursday.

Nikolas Gianes is being held without bond. He will be arraigned on Jan. 28.

Prosecutors said Gianes shot his wife, Fawn Gianes, during an argument at their home on Babcock Place in northeast Colorado Springs last October.

During the second day of Gianes’ preliminary hearing, the defense argued that the shooting was self-defense because his wife had pointed a gun at him before and made other threats to him, and that Gianes’ wife was physically bigger than him.

However, Judge Robert Lowrey agreed with prosecutors that Gianes was the aggressor and had time to think about the struggle that led to the killing.

The lead detective in the case testified that while Gianes stood for evidence photos, he asked investigators for a favor: “Treat this like I just lost my wife. I’d really appreciate it.”

The detective said during the fateful argument, Gianes’ wife pulled out a gun and threatened to kill him.

“He said (that) his training took over and he shot her,” the detective testified. “He said he thought she was dead. He said he’s pretty good at what he does, as far as military stuff, and asked if she was dead.”

Prosecutors played back the 911 call Gianes made after the shooting. The voices of three young children could be heard in the background, and Gianes said he was trying to keep them away from him while he explained to the dispatcher what happened and police were on the way.

Gianes told the dispatcher he and his wife had been drinking before the argument. His emotions ranged from calmly asking if it was the dispatcher’s worst call ever, to sobbing and threatening to shoot himself.

Gianes said he told the children to stay in the garage. When police arrived, they took the children and ordered Gianes to walk around the house and surrender. But he said he walked through the front door instead because he didn’t want the children to see him being arrested.

Prosecutors also said Gianes’ wife had mentioned to others that she was going to leave him and divorce him because of alleged verbal and physical abuse that included a broken nose.

At one point, prosecutors said Fawn Gianes contacted her ex-husband and asked him to take her and the children back.

The defense argued that their client’s emotional state and that his wife was shot in the throat — not in the torso as law enforcement officers are trained to do — proves the shooting was accidental and not a deliberate act.

Prosecutors also said some of the evidence and testimony, including statements from the children, is contradictory and not credible. Gianes also has no history of domestic violence and was cooperative throughout the investigation, the defense said.

Gianes initially was charged with second-degree murder before the charge was upgraded.