GRAND FORKS — A man convicted twice for a 2014 murder at a Grand Forks apartment is seeking another trial after being denied a third by the North Dakota Supreme Court nearly two years ago.
Delvin Shaw, who is currently serving a life sentence for shooting a man after breaking into his home, appeared at a hearing in Grand Forks County court Wednesday, Nov. 20, where he again argued for a new trial.
Shaw fatally shot Jose “Joe” Luis Lopez numerous times in the middle of the night inside his Grand Forks apartment five years ago in front of Lopez's pregnant fiancee.
Investigators said Shaw and his accomplice, Dametrian Welch, had intended to break into the apartment directly above Lopez’s.
The state Supreme Court already ruled Shaw's second murder trial was fair after finding that the district court had erred in providing jury instruction in the original trial.
Now Shaw is using a different legal route called post-conviction relief, where a defendant can bring more evidence or raise additional issues after a judgment has been made.
Shaw lists nearly a dozen reasons why he should get a new trial, ranging from illegal collection of evidence by police to claims that witnesses and police committed perjury while testifying against him.
Welch, who is serving an eight-year prison sentence for his part in the burglary, was also called to testify. Shaw hoped to get Welch to discuss written statements he had made to police. Welch declined, invoking his Fifth Amendment rights.
“I don’t have anything else to say. This s--- is over,” said Welch, who had already declined to testify in Shaw's second trial.
There was no shortage of courtroom outbursts from Shaw on Wednesday. At one point the prosecutor asked the judge to instruct Shaw to stop harassing a police detective who was answering Shaw's questions about the investigation.
Shaw has largely represented himself in court.
Prosecutors expressed frustration with Wednesday’s daylong hearing, which is scheduled to continue Thursday.
“The defendant has not even proven an issue of material fact,” said Assistant Grand Forks County State's Attorney Carmell Mattison.