The re-trial of David Nickels in the 2009 death of an Ephrata resident will remain out of the Grant County Prosecutor’s Office after a state supreme court ruling this week. Nickels’ attorneys argued that since current Grant County prosecutor Garth Dano represented Nickels when he was first tried it would be a conflict of interest to have him now try their client. Nickels’ first conviction was tossed in 2017 because of a jury instruction error. A new trial date is pending.