In assessing why Nichols was not convicted of first degree murder, the Washington Post noted:
"There was no evidence that Nichols had rented the Ryder truck used to carry the bomb to Oklahoma City, and there was no one who could positively identify him as the purchaser of the two tons of ammonium nitrate, the major component in the bomb. Most problematic for the government was the compelling fact that Nichols was at home in Kansas when McVeigh detonated the truck."
Lois Romano and Tom Kenworthy (December 24, 1997), [32]
Another theory is that some members of the jury believed Nichols's attorneys' arguments that he had withdrawn from the conspiracy before the bombing.[27] His apparent remorse as shown by his crying several times during the testimony could also have swayed the jury.[27]
After the penalty hearing concluded, the jury deliberated for 13 hours over two days on whether to give Nichols the death penalty but was deadlocked.[10] U.S. District Court Judge Richard P. Matsch then had the option of giving Nichols life in prison with or without the possibility of parole. He sentenced Nichols to life in prison without parole, calling Nichols "an enemy of the Constitution" who had conspired to destroy everything the Constitution protects. Nichols showed no emotion.[7] He was sent to the Federal Supermax Prison in Florence, Colorado.[33] On February 26, 1999, a federal appeals court affirmed Nichols' conviction and sentence.[4]