Judge: Prosecutors can say suspect in killing of Brian Shaw had gun conviction

A Westmoreland County judge on Wednesday ruled against a defense request to remove gun charges from the upcoming capital murder trial of the man accused in the slaying of New Kensington police officer Brian Shaw.

Judge Rita Hathaway said that doing so would limit the prosecution’s effort to present motive evidence against Rahmael Sal Holt, the man authorities say fired the fatal shots that killed Shaw following a Nov. 17, 2017, traffic stop in New Kensington.

“In most cases I would grant this motion, but in this case I feel strongly that this should not be severed because that is the whole motive,” Hathaway said. “The commonwealth is alleging your client fled and shot Officer Shaw, the motive being he was a former convict who was not to possess a weapon.”

Holt, 31, of Harrison, Allegheny County, is charged with first-degree murder and could face the death penalty if convicted. Jury selection for his trial is scheduled to begin Monday, Oct. 28 and testimony is slated to start a week later.

Holt, who was previously convicted of drug delivery offenses, also is charged with the illegal possession of a firearm. Prosecutors contend Holt shot the officer to avoid an arrest for illegal possession a gun.

Defense attorney Tim Dawson argued that evidence of a prior conviction could prejudice the jury.

“I don’t want a jury to hear he has a prior conviction,” Dawson said. “I want to keep that from the jury.”

In court on Wednesday, Assistant District Attorney Jim Lazar said prosecutors contend Holt was an armed drug dealer. On the day of Shaw’s murder, Lazar said Holt bought marijuana from the man he later intended to rob in the basement of the New Kensington home in which he stayed.

Lazar said the prosecution will present evidence that Holt conspired with a friend to rob Tavon Harper, the driver of the sports utility vehicle Shaw attempted to stop on the night of the shooting. Harper and Holt were driving toward where they robbery was to occur at the time of the traffic stop, Lazar said.

“He has the gun because he intends to rob the guy who is driving him around,” Lazar said.

Harper is expected to testify as the prosecution’s key witness against Holt.

Meanwhile, the judge barred prosecutors from introducing evidence that Holt sold drugs prior to Shaw’s murder.

Hathaway said the prosecution can give jurors evidence that Holt was in possession of a gun, suspected as the murder weapon, months before the shooting.

The weapon used to kill Shaw was never recovered.