Attorney for Masontown homicide suspect says evidence, statements should be suppressed
The attorney for a McClellandtown man charged with homicide asked a judge to dismiss charges against his client and throw out evidence collected and statements made following the shooting.
Fayette County Assistant Public Defender Michael Aubele said during the pre-trial hearing for Christopher C. Shellhammer, 30, that the search warrants were not specific enough to search for evidence including any gunshot residue from Shellhammer’s hands, a search of the crime scene at a residence along Peach Street in Masontown or Shellhammer’s van.
Shellhammer is accused of fatally shooting Michael Shane Henrick, 39, on Jan. 15 at the home on Peach Street. Police allege Shellhammer shot him in the back and chest, before driving to the borough’s police station and calling 911 to say he shot someone.
Assistant District Attorney Christina DeMarco-Breeden played the three 911 tapes from that night including one of an out-of-breath Shellhammer on his way to the police station. A second tape was of a neighbor calling about a shooting and the third was of Kelly French, Henrick’s fiancee, whom the 911 dispatcher talked through giving Henrick CPR.
Aubele contended prosecutors did not have enough evidence to charge Shellhammer with first-degree murder, stating the shooting was in self defense. Aubele said there was a fight between the men, arguing that after the shooting, Shellhammer immediately called 911 and went to the police station. His client also told police that the gun was in the van.
Shellhammer sustained injuries the fight with Henrick, Aubele said, including a broken nose.
Judge Nancy Vernon said those arguments were something for a jury to determine as, by law, homicide charges have to be filed if shots are fired and hit a vital part of someone’s body. She directed Aubele to submit a motion within 10 days to argue otherwise.
DeMarco-Breeden submitted Henrick’s death certificate as well as a transcript of the preliminary hearing to argue against dismissing the charges. At that hearing, French testified that she asked Shellhammer to come over that night to sell her marijuana as he’s done previously, but an argument ensued that turned physical and ended with shots being fired.
DeMarco-Breeden said Shellhammer arrived at the residence with a gun rather than drugs to sell.
“He did shoot with intent to kill,” she contended.
While police found marijuana in Shellhammer’s van, Aubele argued, it was a “fishing expedition” by police who were not specific enough about what they were looking for when they applied for a warrant to search the van.
DeMarco-Breeden argued that the search warrants were made during a homicide where evidence needed to be collected and she believes the warrants are valid.
“They could have been looking for a myriad of things,” she said.
Masontown police Sgt. Scott Miller testified he was at the station when Shellhammer arrived. Miller testiifed Shellhammer had blood on his face and hands, and told the officer that he shot someone. Miller testified he checked if Shellhammer was injured, and asked about the gun. Shellhammer, Miller testified, gave him permission to retrieve the weapon from the van he was driving.
Aubele contended those statements should be suppressed if the charges go to trial, stating that Shellhammer should have had his rights read to him as soon as he arrived at the station.
Miller also searched the home along Peach Street to make sure nobody else was in the home, but testified that he didn’t collect any evidence there.
The marijuana as well as three shell casings from the home and a spent round in the wall of the home were collected following the search warrants being approved by a magisterial district judge.
Vernon will make a decision on the suppression and dismissal motions at a later time after viewing the transcript and any additional motions.