A Gary-New Duluth homicide defendant is currently in a treatment program and will likely face arrest on domestic violence charges once he is released.

Brian Ross Shaw, who is accused of killing 35-year-old Kevin Weiss in December 2018, is now wanted on multiple warrants in Carlton County. Court records indicate he has been charged in three domestic-violence related incidents in the 18 months since he posted bond in the homicide case.

Shaw, 36, appeared via video for a remote hearing Monday in State District Court in Duluth, where he faces charges of intentional second-degree murder and second-degree manslaughter.

Authorities allege that Shaw deliberately shot Weiss, 35, during a confrontation involving his then-former girlfriend, who had been dating Weiss. Shaw told police the shooting was accidental and that he was shoved by Weiss — but that account was disputed by forensic experts.

There has been no agreement to settle the case, defense attorney Matthew Benfield told the court at Monday's hearing, indicating Shaw would proceed to trial at a yet-to-be-scheduled date. Benfield disclosed that Shaw is currently undergoing treatment, but did not provide details on the services or facility.

Kevin Weiss
Kevin Weiss

Judge Jill Eichenwald agreed to postpone Shaw's final pretrial hearing until Aug. 10, but expressed a desire to see the case resolved in the near future.

"We're at the point where it's time to get this case to its final conclusions," Eichenwald told the parties.

In the meantime, the judge told Shaw that he may be arrested once he leaves treatment.

Court records show that he was charged in May with two felony counts of second-degree assault with a dangerous weapon and two misdemeanor counts of domestic assault after an incident in the Carlton area.

According to a criminal complaint, Fond du Lac police officers were called to a residence on Highway 210 near Black Bear Casino on May 11, with Shaw reported to be "out of control."

The victim, who was crying and shaking, had a bloody finger and a red mark on her chest, along with some scratches, the complaint said. She told police that she and Shaw had gotten into an argument and that he was screaming and began attacking her.

The woman said she was "rammed like a football player," with Shaw slamming his shoulder into her chest, forcing her to fall backwards into a kitchen table, according to the complaint. She told police Shaw was trying to throw around furniture when her 16-year-old son intervened, resulting in Shaw biting both of them.

The defendant then grabbed a pair of scissors and started stabbing in the direction of the mother and son, the complaint states. He also grabbed a knife and was trying to harm himself at one point, the victim told police.

Shaw had previously been charged in May 2019 with misdemeanor domestic assault after allegedly striking a bowl that was in the woman's hand, causing it to hit her in the face. He was also charged that December with violating a domestic abuse no-contact order that had been issued.

The alleged victim in all three pending domestic cases is the same woman who was at issue in Weiss' death. She and Shaw have been in an "on-again, off-again relationship" for 17 years, according to court documents.

In the homicide case, authorities said Weiss had been kicked out of the woman's residence and returned on Dec. 10, 2018, acting erratically and breaking a window. Shaw, who was living in Hibbing after breaking up with the woman, allegedly exchanged threatening text messages with Weiss before driving down to confront him.

Shaw told police that Weiss continued to advance on him and refused commands to back off in the confrontation outside the residence on the 100 block of West Reis Street. Shaw, who stated that he has a terminal illness, said Weiss eventually shoved him, causing the accidental shooting, according to the complaint.

But prosecutors contested his version, citing forensic analysis from the Minnesota Bureau of Criminal Apprehension which allegedly showed that the shotgun would only discharge if the safety lever was manually moved to the "fire" position and the trigger was pulled. Additionally, the report said Weiss was shot by shotgun pellets in a downward trajectory.