The victim in a fatal shooting in Buellton on March 16 may have thrown a punch at his alleged killer before being shot dead, a witness said Friday during a preliminary hearing in Lompoc.
Witness Travis Dinsmore of Lompoc told Superior Court Judge James Iwasko that he saw shooting victim Wayne Shaw, 49, of Buellton, swing his left arm toward a man sitting in a van in the Buellton Town Center.
Louis Arthur Calvin, 45, of Solvang, has been charged with first-degree murder in connection with Shaw/s death.
Dinsmore, who had gone there to visit a friend at Albertson/s, could not identify the man in the van.
Police said road rage may have contributed to the incident.
"I heard a gentlemen/s voice yelling, /You got … a problem?/" Dinsmore said.
Dinsmore added he saw Shaw from behind facing the driver/s side window. "He said, /Get out of the vehicle. Let/s handle this right now. Get … out./"
The witness testified that after Shaw yelled at the driver of the van to get out, "I saw him get up and reach into the van like a swinging motion with his left arm. It appeared to me that he was trying to hit the driver in the vehicle."
Dinsmore said he then heard a "loud pop" and saw Shaw fall backward before the van sped away.
Calvin was arrested in Los Alamos that night driving a white van that matched witness descriptions and a .22-caliber handgun was found inside the van.
Calvin, who is being held in Santa Barbara County Jail on ,1 million bail, is charged with first-degree murder in connection with Shaw/s death.
Public defender Giovanni Giordani showed witnesses photographs, asking if they saw what appeared to be redness near Calvin/s left eye. Witnesses said they were unsure if the redness was from lighting conditions or a bruise.
Giordani also presented photographic evidence of a hunting rifle and rounds that were found inside Shaw/s truck during the investigation and informed the court that Shaw/s toxicology report at the time of his death indicated a blood alcohol level of 0.096.
Under questioning by Deputy District Attorney Rick Henry, Sheriff/s Detective Charles Cooley said a doctor removed a bullet with a green conical tip from Shaw/s body.
Police found bullets with green conical plastic tips inside Calvin/s handgun, Cooley said. The tips are designed to make the round fly more accurately, he said.
While the prosecution and defense argued over evidence, Shaw/s widow, Katherine Shaw, wearing a black dress, sat silently in the audience. The man accused of murdering her husband sat emotionless from the defense table and stared straight ahead.
"I would hope he gets the maximum sentence for killing my husband," Shaw said of Calvin outside the court. "I want it to go to trial. There is a consequence for murdering somebody."
Shaw said she was bothered by evidence brought up at the preliminary hearing that she believes was designed to make her late husband appear temperamental.
"I believe (my husband) was the most generous, tender-hearted and forgiving," Shaw said. "If he did get upset he would be the first to forgive. The thing that is bothering me is they/re trying to make him out to be somebody who was angry all the time and, even if that were the case, there is no excuse for murdering him."
Wayne Shaw was an active member of his church and a longtime Pony League baseball coach. Along with his wife, he is survived by six children.
Katherine Shaw said she will attend every hearing Calvin does. The preliminary hearing continues at 8:30 a.m. Monday.
Neil Nisperos can be reached at 736-2313, Ext. 108, or email@example.com
Aug. 20, 2005