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Shaw returns to murder trial

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Grand Forks, ND (WDAZ-TV)

After a profane out lash at the judge calling him a racist, Delvin Shaw came back to the courtroom.

The family of Jose Lopez walked into the Grand Forks County Courthouse seeking justice, again.

“It's hard to come to grips that this happened and it makes the grieving process much harder,” said Jose’s sister Monique.      

The reason it’s harder, after Delvin Shaw was convicted of gunning down her 24-year old brother in a case of mistaken identity, the North Dakota Supreme Court tossed the guilty verdict, and life sentence, on a technicality.

“So to go through it another time, it's too much,” she said.

After calling the judge a racist Friday and demanding a lawyer, Shaw had a change of heart over the weekend, deciding he will continue to represent himself at his murder trial.

Monday a DNA expert testified a hair found at the crime scene matched Shaw’s.

“We can conservatively exclude 99.84 percent of the population as potential donors of the questioned hairs,” said Charity Holland, a DNA expert.

And the step-father of Shaw's cohort, Dametrian Welch, testified that Welch admitted to him, just hours after the shooting, what exactly went down.

“He stated he and Mr. Shaw went to the apartment and attempted to get marijuana, it turned into an actual robbery and somebody was killed,” recalled Bryant Maske.

While there weren’t any profane outburst today, Mr. Shaw did become agitated at times while cross-examining witnesses

“What a clown,” commented Jose’s father Donnie.

“When you have nothing to lose throw a tantrum,” mentioned Monique.

While there is always a risk when a case goes to the jury, the family of Jose Lopez feels confident they will get justice - a second guilty verdict.

“We want him to pay for what he did to Joe and he will pay,” said Donnie.

Shaw will begin his defense Tuesday.  

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