When former Husker running back Thunder Collins had a chance to testify before the jury weighing his fate, he heeded his lawyer's advice and declined.
When that jury returned guilty verdicts Monday on charges of first- and attempted second-degree murder, first-degree assault and two weapons charges, Collins sat expressionless.
A jury of 12 strangers had relegated Collins, 29, to prison for the rest of his life, dashing much more than his hopes of playing professional football.
When Douglas County District Judge Gary Randall announced a Nov. 12 sentencing date, Collins snapped.
“Set it now. Set it now! I'm not coming back,” Collins yelled, standing up from his chair at the defense table.
“Set it now.”
Collins lashed out at the judge and scolded jurors for convicting him, saying he was no killer. He then hurled obscenities at the Omaha police homicide detectives who had packed the second row of courtroom benches.
As court security escorted him through the courthouse and back to jail, Collins repeatedly yelled to reporters.
“No justice. No justice. I'm the victim. I'm the victim, here. They know I killed no one. Of course, they got the wrong guy. I'm not no snitch. I've got dignity. I will get another trial.”
One member of the jury, who spoke to the World-Herald Monday evening on the condition of anonymity, said the prosecutor's office had tied together a strong case against Collins.
“Thunder Collins was in the garage,” the juror said. “A murder occurred while in the commission of a felony. There was no gun recovered, which was really strange ... It was obvious a crime was committed. It was obvious Thunder was there. He's as guilty as anybody, even if he didn't do the shooting.”
Prosecutors did not have to prove who the shooter was. Jurors had the option of convicting Collins of first-degree murder under a state law that holds accomplices accountable if prosecutors prove only that someone died during the commission of a robbery.
Prosecutors argued that Collins or an accomplice killed Timothy “Twin” Thomas, 38, of California, with premeditation or while trying to rob him of more than a kilo of cocaine.
Collins has denied shooting anyone, but acknowledged again in a jailhouse interview Monday that he had gotten into a fist fight before Thomas was killed in the garage of a home near 70th Circle and Military Avenue on Sept. 23, 2008. Thomas' cousin, Marshall Turner, was wounded in the same incident.
“I never said I was never there,” Collins said. “I didn't tell no one to pull out guns. I didn't have a gun. I was over there. I thought there was going to be a car sale, not a drug deal.”
Hours after being convicted, Collins called a press conference at the Douglas County Jail to explain himself.
“I got a little hostile,” Collins said of his courthouse antics.
When asked why he called reporters, he said, “I felt inquiring minds wanted to know what was going on in my head. I don't feel I had a fair shot.”
Wearing an orange jumpsuit, he told reporters that he knows who shot Thomas but would not identify him.
“The killer is still free right now,” Collins said. “I am not going to tell you who did the shooting. Why should I? Is that going to bring Tim Thomas back?”
Collins said Omaha's homicide detectives may know the identity of Thomas' real killer, but police may be content to convict Collins for the slaying.
“Maybe they didn't care; maybe they just wanted Thunder Collins,” he said.
Prosecutors told the jury that Collins had the two California drug dealers bring cocaine to Omaha to make quick and easy money. The dealers were shot on Sept. 23, during an attempt to rob them of more than a kilo of cocaine, according to testimony.
After the verdict, defense attorney Steve Lefler said he planned to file a motion for a new trial.
Collins said after his convictions that he sensed his two-week trial “was going so good that I did not need to take the stand” to testify on his own behalf.
Collins said he studied the expressions and faces of the six men and six women as they sat in the jury box, before the verdicts were read.
“Four or five” jurors did not want to convict him, he said.
“Tears started to run from their eyes,” he said. “I read their lips. They mumbled, ‘I'm sorry.'”
However, others in the courtroom, including the juror, disagreed. They did not recall jurors showing visible emotion or mumbling any comments toward Collins or anyone else.
“I don't think anybody who was on the jury had second thoughts when it was all said and done,” the juror said. “We thought we arrived at the right decision.”
If he ever gets another trial, Collins said he would be willing to testify in his own defense, but he is not prepared to identify Thomas' killer.
“It's not my job,” he said. “I leave that up to the police. I feel justice was not done today. I was the fall guy.”
Collins said his greatest disappointment is not being able to hold his infant daughter, born after Collins' arrest.
“I've got my head up high right now. I don't wish jail on anybody,” he said. “I am going to be all right.
“I will be back. I will be back.”
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