Duluth murder trial postponed again
Jun. 17—Days after attorneys said they were prepared to try the long-pending case of a man accused of fatally shooting his ex-girlfriend's partner outside a Gary-New Duluth residence, the proceeding has again been postponed.
Brian Ross Shaw, 37, was set to face a jury Tuesday in the December 2018 killing of his childhood friend, Kevin Weiss Jr., 35. He is charged in State District Court with intentional second-degree murder and second-degree manslaughter.
But defense attorney Matthew Benfield this week filed a sealed motion relating to the disclosure of unspecified records and asking the court to conduct an "in camera" — or confidential — review of materials that are sought. The record indicates he filed a Paradee motion, which generally involves medical records or other material pertaining to a victim.
Judge Jill Eichenwald scheduled a hearing on the issue for July 7, also granting a request to postpone the trial until Oct. 12.
It's the latest in a string of delays for the case. Shaw was first set to go to trial on the manslaughter charge in January 2020, but St. Louis County prosecutors made a late request to add the murder charge based on ballistic analysis. Shaw also underwent impatient treatment in the ensuing months, and the COVID-19 pandemic has significantly affected trial scheduling.
Prosecutors allege that Shaw deliberately shot Weiss during a confrontation involving his then-former girlfriend, who had been dating Weiss. Shaw told police the shooting was accidental and that he was shoved by Weiss — but that account was disputed by forensic experts.
Authorities said Weiss had been kicked out of the woman's residence and returned Dec. 10, 2018, acting erratically and breaking a window. Shaw, who was living in Hibbing after breaking up with the woman, allegedly exchanged threatening text messages with Weiss before driving down to confront him.
Shaw told police that Weiss continued to advance on him and refused commands to back off in the confrontation outside the residence on the 100 block of West Reis Street. Shaw, who stated that he has a terminal illness, said Weiss eventually shoved him, causing the accidental shooting, according to the complaint.
But prosecutors contested his version, citing forensic analysis from the Minnesota Bureau of Criminal Apprehension that allegedly showed that the shotgun would only discharge if the safety lever was manually moved to the "fire" position and the trigger was pulled. Additionally, the report said Weiss was shot by shotgun pellets in a downward trajectory.
Benfield said he intends to argue that Shaw was legally justified in acting in defense of himself and others.
