Judge Finds Substantial Probability in Double Homicide Case

By D.C. Witness Staff - November 24, 2020
Court | Daily Stories | Homicides | Shooting | Suspects | Victims |

After seven minutes of deliberation, a DC Superior Court judge found substantial probability in a double homicide case. 

George Bernard Shaw III is charged with first-degree murder while armed in the Oct. 10 shooting of Marcus Nelson, 59, and Simmeon Williams, 39, on the 1700 block of Irving Street, NE. 

Defense attorney Ieeshaah Murphy argued that her client acted in self-defense because after the two victims reportedly broke into the defendant’s home and started a fight. She said he was trying to protect both himself and his family, who were present at the time. 

During the Nov. 24 hearing, a Metropolitan Police Department (MPD) detective testified that the autopsy report concluded that Nelson was shot 11 times and William was shot 13 times. 

The prosecution showed video surveillance from an establishment across the street that appears to show the defendant chasing Nelson into the street. The short chase is followed by both men falling, but Shaw getting up quicker and standing over Nelson before shooting him multiple times in the head.

The video also shows Shaw moving back towards his house out of the frame. However, multiple loud sounds are heard in the audio after Shaw is no longer in the frame. The prosecution and MPD allege that those sounds are the gunshots that kill Williams. 

The prosecution argued that self-defense is not a viable defense because of the use of excessive force and pre-meditation.

Towards the end of the fight, Williams had allegedly been shot in the leg by Shaw before the defendant chased Nelson into the street. The prosecutor pointed out that it is not self-defense to return to Williams and shoot him multiple times after he has already been incapacitated. 

However, Murphy argued that the prosecution was viewing her client’s action with a calm mind and not taking into account whether Shaw believed he was in imminent danger at the time of the crime. 

She also argued that, in the heat of passion, a person may reasonably believe something, such as excessive force is necessary when in reality it is not. 

She pointed out that there are at least four minutes from the point when video evidence shows the descendants walking to the house to the point when it captures Nelson’s death. Physical evidence in the house also points to a violent struggle. 

“Four minutes is a long time to be in your own house and be subjected to an assault by outsiders,” said Murphy. 

After making his substantial probability ruling and hearing arguments for detention, Judge Todd Edelman decided to hold Shaw.

He did say that Murphy made a good argument when she pointed out her client’s lack of a prior record. But, Judge Edelman recalled an MPD search warrant of Shaw’s room in which police found liquid PCP, a bulletproof vest, a shoulder holster and a firearm magazine pouch.

He also said Shaw is the only defendant in a double homicide; therefore, he sided with the prosecutor. 

Shaw’s next hearing is scheduled for Jan. 11. 

Maria Marzullo wrote this article.