Driver of SUV stopped night New Kensington Officer Brian Shaw was fatally shot testifies during trial's 2nd day

Rahmael Holt jumped from an SUV the night he allegedly shot New Kensington police Officer Brian Shaw because its driver wouldn’t let him hide his gun in the vehicle, according to testimony Tuesday on the second day of Holt’s trial in Westmoreland County.

Tavon Harper, 29, the driver of the SUV that Shaw stopped Nov. 17, 2017, on Leishman Avenue, testified that he wouldn’t let Holt hide his gun because he was on parole and didn’t want to go back to jail.

Prosecutors claim that, when Holt ran, Shaw pursued him on foot. The chase ended when Holt shot Shaw three times, killing him, prosecutors are arguing during the trial.

The gun used to kill Shaw has not been found, and there are no eyewitnesses to the shooting, Holt’s attorney, Tim Dawson, said.

Harper testified Holt was carrying a .40 caliber semi-automatic handgun that night, and had shown it to him earlier in the day, when Harper said he sold cocaine to Holt for $450. They met up again later that day when Harper was delivering marijuana he bought at Holt’s request.

Harper said Holt gave him $125 for the marijuana, but Holt still owed him $150 for the cocaine. Holt offered to give Harper a television and an XBox.

Harper testified he was driving to where Holt told him to go to get the TV and game console when police lights appeared behind him.

After driving down a few streets and an alley, with Shaw following, Holt jumped out on Leishman Avenue and ran, Harper said. Harper testified he kept going and drove home to his apartment on Kenneth Avenue. He said he did not hear the shots.

On Monday, prosecutors played grainy home security footage they claim shows Holt running and Shaw chasing him. Dawson said there is no way to tell who Shaw is chasing.

Westmoreland County Detective John Clark testified that Shaw did not have a body camera and there was no camera in his car.

Prosecutors contend Holt dropped a cellphone he had been using in a yard near the shooting scene, and that there were numerous calls on it to Harper’s phone.

Dawson said Harper is a key witness in the case. “He’s the only witness that places the accused in the vehicle.”

Dawson attacked Harper’s credibility, noting he has an extensive criminal record for charges including receiving stolen property, burglary, robbery, theft and firearms violations. He had been released from jail in August 2017 and was on parole the night Shaw was killed. He has been in the Westmoreland County Prison since then.

“Mr. Harper has much to gain by pointing the finger at someone else,” Dawson said.

Under questioning by District Attorney John Peck, Harper said he’s not been offered anything for cooperating.

Harper testified he was under the influence of drugs the day of the shooting, having smoked marijuana. How Harper presented himself in court may also be an issue.

“Demeanor of a witness is a key to a jury evaluating credibility,” Dawson said. Harper “was mumbling, he was hard to hear. His demeanor will be judged by the jury when they decide whether he’s believable.”

Prosecutors introduced two letters into evidence they claim Holt wrote to Harper in jail, trying to get Harper to say Holt was not in the SUV, that he had dropped Holt off before the shooting, and that he had picked up someone else he didn’t know. In exchange, Holt allegedly offers to take blame for any drugs.

Morgan Harvin, 22, Harper’s ex-wife, testified she found heroin in the Jeep that night.

The letters, which prosecutors obtained in June 2018 and June of this year, are undated and unsigned. Westmoreland County Detective Ray Dupilka testified the letters were sent to state police for handwriting analysis, but the results of that were not entered into evidence Tuesday.

Dawson said Holt is not admitting he wrote the letters, although, in one, the writer says he doesn’t want to “go down” for something he did not do.

Holt could face the death penalty if convicted of shooting and killing Shaw.

Harvin and Harper testified they initially lied to police about who was driving the Jeep, and who else was in it. Harvin said she went along with Harper’s request that she tell police she had been driving, and that it was a man she had picked up at a convenience store who jumped out.

Harvin said she went along with the lies because she was pregnant with Harper’s child and feared he would go to jail if she told the truth. She testified she decided to tell the truth after learning Shaw had died, and that she has no reason to help Harper now.

“I just knew that the police would be back,” she said. “I couldn’t keep lying. I didn’t know the whole story. I wasn’t there.”

Harper testified that he lied to police about the person with him in the Jeep, saying that the man who ran went by the street name “Reese.”

Harper testified he first made contact with Holt the day of the shooting after he used Facetime to call a number he believed to be a woman, Vanessa Portis, and Holt answered instead. Harper said he knew Holt from elementary and middle school.

Portis has not testified in the trial. Dupilka said they learned from Harrison police that Portis and Holt are associated with each other.

Prosecutors claim there were many calls throughout the day of the shooting between Harper’s phone and Holt’s, which they said was found in a yard on Victoria Avenue, where police say Holt dropped it as he fled the shooting scene.

After going home, Harper testified, he went out in Harvin’s car and found Holt on Victoria Avenue, where he had sold him cocaine earlier. Harper said he took Holt to a house where Holt’s sister was, and that Holt told him to get his phone number changed.

Harper testified he asked Harvin to do that for him, and she did.

Testimony in the trial is expected to continue Wednesday.