Suspect Pleads Not Guilty in Gary New Duluth Manslaughter Case
A 35-year-old Hibbing man has plead not guilty to second-degree manslaughter in the shooting and killing of 35-year-old Kevin Weiss in December in Gary New Duluth.
DULUTH, Minn.-A 35-year-old Hibbing man has plead not guilty to second-degree manslaughter in the shooting and killing of 35-year-old Kevin Weiss in December in Gary New Duluth.
According to the criminal complaint, Brian Ross Shaw, knew the victim in the shooting with the defendant telling police that “he has known Mr. Weiss for many years and they grew up together.”
Investigators say Shaw and a female, living at the residence where the shooting take place, had a previous relationship with each other and share three children. After separating with Shaw in May the female began a relationship with Weiss, but had kicked him out of the home.
When Weiss returned to the residence to collect his belongings the female called the police after she claims he broke a window and communicated the situation with Shaw through text. Shaw responded with a text saying, “Good, I got my shotgun and I want to use it.”
Authorities state that upon further investigation of the defendant’s phone they uncovered hostile texts between Shaw and Weiss leading back days before the shooting.
Shaw sent a text to Mr. Weiss before arriving at the home saying, “But you and your s*** better be gone when I get there cuz you’re not going to like what happens.”
Shaw told officers he decided to drive to the home out of concern for his family. He brought an uncased pistol-handled Mossberg shotgun along with him.
Court documents say when he arrived at the scene he got out of vehicle with the shotgun, racked the gun and told Weiss to “get back” after a heated exchange of words. Shaw told officers that Weiss continued to come towards him and pushed him which Shaw states caused him to fall backwards. He then alleges that the shotgun discharged when the butt of the gun hit the ground.
The criminal complaint states the preliminary report by the Medical Examiner indicates the trajectory of the buckshot pellets recovered at the autopsy is not consistent with the defendant’s versions of events.
Shaw faces up ten years in prison and a $20,000 fine if convicted.
His next court appearance is scheduled for Aug. 5.