Man sentenced to life in prison for attack on girlfriend

Published 8:15 am Saturday, June 21, 2025

Nicholas Byron Cargain, 33, was sentenced to life in prison followed by 25 years in confinement after having been found guilty by a Murray County jury of numerous charges, including kidnapping with bodily injury, for an attack on his girlfriend last year.

The other charges are family violence aggravated assault, possession of a firearm during the commission of a felony, terroristic threats, family violence battery and cruelty to children in the third degree.

Chief Superior Court Judge Cindy Morris sentenced Cargain to life in prison followed by 20 years consecutive to the life term for the aggravated assault. He was sentenced to an additional five years consecutively for possession of a firearm during the commission of a felony. Morris sentenced Cargain to 12 months each for family violence battery and cruelty to children, to run concurrently with each other and with the kidnapping count. His sentence is a total of life, followed by 25 years in confinement.

Cargain was tried by a Murray County jury in a trial that began Wednesday, June 4, and ended Friday, June 6. The trial was presided over by Morris. The case was prosecuted by Assistant District Attorney Dixon Lackey. Cargain was represented by local attorney Jim Toland.

The evidence showed that between the evening of June 2 and June 3, 2024, Cargain attacked his girlfriend at their residence. As she tried to get away by leaving, he dragged her from the door to the kitchen and then into a bedroom where he attacked her with multiple items, including a handgun.

Cargain put the gun to her head and threatened to kill her. An 11-year-old was present to see and hear the acts. The woman received several injuries including bruising, scrapes and a three-inch gash on the back of her head requiring staples at the emergency room. She was able to break free and run to a neighboring house to get help. The neighbor called 911 while the victim hid from the defendant in a plastic box used to store swimming pool equipment.

In addition to the victim, the jury heard testimony from three other state’s witnesses, the 11-year-old, the neighbor and the first responding officer, Murray County Sheriff’s Office Deputy Logan Weaver.

The state could not have presented its case without the assistance from Murray County Sheriff’s Office Detective Joshua Malone, the lead investigator on the case. District Attorney Victim Advocates Ashlyn Elrod and Cleopatra Guerrero, along with D.A. Investigator Kevin Caylor, were invaluable in preparing the case for trial and scheduling and assuring attendance of the state’s witnesses.

After four hours of deliberation, the jury returned a unanimous guilty verdict on six counts.

The sentencing hearing was held June 16 of this year. During the hearing, Morris heard from a close friend of Cargain’s who had also testified at trial on his behalf.

Cargain faced a maximum of life imprisonment, plus 32 years. The only punishment for kidnapping with bodily injury is imprisonment for life. Family violence aggravated assault is punishable by three to 20 years in prison, and the possession of a firearm during the commission of a felony is punishable by five years which must be served consecutively to the aggravated assault count. The family violence battery and cruelty to children in the third degree are misdemeanors carrying up to 12 months each.

Cargain was sentenced to the maximum possible for each of the remaining counts; however, the state and Toland agreed, and Morris entered a dismissal of the terroristic threats count due to an error in the verdict form used by the jury leading to an inconsistent verdict.