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Brian Shaw, who faces murder and manslaughter charges in the death of Kevin Weiss, will argue that he was acting in defense of himself and others, according to his attorney.
Christopher Floyd Boder
In executing the warrant, police seized an empty rifle case and ammunition that was said to match a spent cartridge located near Nelson s body.
Peterson s attorney, Matthew Benfield, asked the court in December to schedule a hearing, at which police officers and other witnesses could be called to testify about the basis for the warrant. Evidence could be suppressed if there was a finding of false statements or omissions that led to the search.
Benfield s motion attacked the credibility of the state s key witness, Jamie Sanford, who provided a detailed account of the events leading up to Nelson s death. He also cited an apparent inaccuracy in describing one witness location, along with omitted statements from others in the neighborhood, in claiming that there was evidence of an alternate suspect.
Defense: Reckless disregard for the truth in West Duluth homicide investigation
A key witness account was unreliable and police omitted conflicting information when applying for a search warrant at James Michael Peterson s home, his defense attorney asserted. 5:48 pm, Dec. 10, 2020 ×
James Michael Peterson
Police polished the facts to create the luster of probable cause in the investigation of the West Duluth shooting death of Timothy Jon Nelson, a defense attorney argued in a court filing this week.
Public defender Matthew Benfield said a judge should allow an inquiry into the veracity of the search warrant that was authorized for James Michael Peterson s residence in September 2019.