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Murder trial defendant says he feared victim

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DECATUR -Brandon R. Shaw said he was scared when a man who had threatened to shoot him suddenly arrived.

Testifying in his trial for the murder of Marcelle J. Brown, Shaw recalled that he was sitting on the porch of his brother's home when Brown drove up, slammed on his brakes, jumped out of his car and jogged toward him.

"He was upset," said Shaw, 26. "His fists were balled up. He said, 'I'm going to (expletive) you up.' "

After both sides wrapped up their evidence Tuesday, closing arguments to the jury are expected when the trial resumes at 9:30 a.m. today.

The defense wrapped up its case with Shaw's testimony. The prosecution presented rebuttal witnesses.

Shaw was charged with shooting Brown on June 30, 2008, in a dispute involving Shaw's girlfriend. Brown, 28, was shot once in the leg, bleeding to death from the severing of a femoral artery.

Shaw testified that when Brown approached him in a rage, he stopped about 4 feet away.

"I started to slightly back up," Shaw said. "I pulled the gun out."

Shaw said when he fired a semiautomatic pistol into the air, Brown continued to advance toward him, yelling at him. He later shot into the ground around Brown.

His attorney, Randy Baker, asked Shaw if he thought that he was going to hit Brown when he fired those shots.

"No, no," Shaw responded.

Assistant State's Attorney Jay Scott pointed out that Shaw must have also been shooting in the street, as he went along the 1300 block of East Main Street, because of the trail of spent shell casings.

Scott asked him why he didn't call the police or run when Brown approached. Shaw said he did not have a phone and wanted to settle their ongoing dispute.

The state presented witnesses to impeach the testimony of neighbors on issues related to other possible guns and shooters.

A video was shown, in which Thomas Lilly, who lived just north of the crime scene, was interviewed by Decatur police detective Charles Hendricks at the Law Enforcement Center shortly after the shooting.

Lilly testified at the trial Monday that he saw Brown throw a handgun into the bushes, which was recovered by police. But in the video, Lilly did not mention that handgun, while Hendricks repeatedly asked him if he had anything else to add.

While the other handgun fits the defense view that the shooting was self defense, the prosecution has not acknowledged that there was another gun.

During Lilly's taped interview, Lilly said he wanted to put a belt around Brown's leg as a tourniquet, to stop the bleeding, but, "Everyone said, 'Leave him alone. He's been shot.' " Lilly, who was obviously upset, said he knew first aid.

"I know he was hit in the main artery in his leg," Lilly testified. "I seen the blood."

hfreeman@herald-review.com|421-6985

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