• Judge: Man threatens to 'pull a Brian Nichols' in court

    By: Tom Jones


    CLAYTON COUNTY, Ga. - A judge said he felt in fear for his safety after a man in his court threatened to "pull a Brian Nichols."
    Erik Ausler, Sr., now faces felony intimidating a court officer and making terroristic threats.
    Ausler lives in Mableton and his neighbors find it hard to believe he would threaten a judge.
    "I don't picture him saying he'll pull a Brian Nichols," Teyon McDonald said.
    McDonald said his neighbor is a kind man who prides himself on helping everyone in the community.
    "He's not a violent person. He don't even have a violent nature," he said.
    Clayton County prosecutors see it differently. 
    District Attorney Tracy Graham Lawson said Ausler used language Judge John Carbo took as very serious and a direct threat.
    "The warrant states that Mr. Ausler threatened to quote, 'pull a Brian Nichols' on Judge Carbo," Lawson told Channel 2’s Tom Jones.
    Nichols is the Fulton County courthouse shooter who killed a judge, his court reporter, a deputy and a federal agent in 2005.
    In Carbo's written statement, he said on Friday, Ausler was upset that the judge refused to delay his case for 10 months. Carbo said when he asked Ausler if he and the solicitor had resolved his cases, he said Ausler said something close to, "That's what I'm trying to do so I don't have to pull a Brian Nichols."

    "I cannot think of any phrase that would be more frightening to a judge," Lawson said.
    Ausler was arrested and the judge provided security for his safety.
    Carbo also said Ausler kept staring at him after the comment and kept asking to approach the bench. The judge found it odd that Ausler talked about getting counseling for traffic tickets.
    Ausler's neighbor thinks the judge and prosecutors overreacted.  
    "It's overblown and he got stereotyped at the same time. That's exactly what it was," McDonald said.
    Ausler was in court accused of driving on a suspended license, no insurance, no tag and a previous marijuana possession charge.  A judge has denied him bond.

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