DECATUR - A jury heard opening statements and witness testimony Monday in the trial of Brandon R. Shaw, 26, who prosecutors allege murdered Marcelle Brown in June 2008.
Speaking in court at the Macon County Courts Facility, Assistant State's Attorney Jay Scott said Shaw's girlfriend had been having an affair with Brown, and his death came about as a result of a quarrel with Shaw.
"Marcelle Brown was killed because of a dispute over a woman," Scott said. "His conduct may not meet our approval, but it is no basis for taking his life."
U.S. Marshals arrested Shaw last July in Indianapolis, Ind.
Scott alleged Shaw opened fire on Brown in the 1300 block of East Main Street with a 9 mm semiautomatic handgun. Scott cited evidence Brown ran from the gunman but was shot in the femoral artery and died afterward.
Police later located his body in the 1300 block of East Prairie Avenue. Two juveniles identified Shaw from a photo lineup as the man responsible for shooting Brown, and Shaw's brother identified him as shooting at Brown.
In his opening statement in Shaw's defense, attorney Randy Baker said Shaw had reason to believe Brown intended to do him violence after several heated exchanges the two had previously.
"(Brown) had also threatened to kill my client on several occasions," Baker said. "Mr. Shaw believed that when Mr. Brown was coming toward him, he was going to kill him."
Baker also said police have not located the bullet which dealt the fatal wound to Brown.
Prosecutors called several eyewitnesses who testified about seeing the shooting. Among them was an 11-year-old girl, daughter to Brown's girlfriend at the time of his death.
In her testimony, she said she saw Brown approach Shaw while she was playing on the porch of a friend who lived down the street from her house. She went on to describe a loud argument between them that she said ended in Shaw pulling out a silver gun and first firing into the ground before aiming at Brown.
At that point, she said, her friend's mother pulled her into the house.
When asked to indicate the man she saw and describe the clothing he was wearing, she pointed to Shaw.
Shaw sat quietly throughout the proceedings.
The trial is scheduled to continue today.
klowe@herald-review.com|421-7985
Posted in Local on Wednesday, July 1, 2009 12:00 am Updated: 4:02 pm. | Tags: Crime
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