Man to stand trial for death at LV car wash

By Matt Pordum

Wednesday, July 13, 2005 | 11:02 a.m.

Can a push be murder?

Las Vegas Justice of the Peace William Jansen has ruled it will be up to a jury to decide in the case of 36-year-old chiropractor Stephen Shaw.

Prosecutors contend Shaw is guilty of second-degree murder for pushing 60-year-old Lawrence Weiss at the Fabulous Freddy's Car Wash at Fort Apache Road and Charleston Boulevard on March 11.

Shaw admitted to police that he confronted Weiss and pushed him into a gate holding propane tanks at the entrance of the car wash's convenience store. He had come to the car wash after his wife called him and told him Weiss had yelled and cursed at her for cutting him off in traffic.

Weiss suffered a fractured skull and died at University Medical Center as a result of his head injuries.

"This is a most unfortunate incident that took place," Jansen said, as he made it clear he was "going to leave it up to the jury" to decide if the facts surrounding the case amounted to second-degree murder or involuntary manslaughter.

The second-degree murder charge carries a possible penalty of 25 years to life in prison while the lesser charge carries a potential sentence of one to six years behind bars.

Jansen said what may make the difference in the case is whether malice was involved, and that will be for the jury to decide.

Out of the four witnesses to the incident called by prosecutors to testify at Shaw's preliminary hearing Tuesday, two said Shaw pushed Weiss in the chest, one said he pushed Weiss on the right shoulder and one said the push was delivered as Weiss was walking away from Shaw.

Shaw told police he confronted Weiss after Shaw's wife, Raquel, called Shaw, telling him Weiss had yelled at her and their 5- and 7-year-old daughters while she was having a smog check performed on her BMV sport utility vehicle at an adjacent smog check facility.

Shaw said his wife told him Weiss believed she had cut him off in traffic.

Seventeen-year-old Joseph Martorello, who provides full-service gas fill-ups for customers at the car wash complex, witnessed Weiss confront Raquel Shaw while she was sitting in her vehicle.

"He (Weiss) was in her doorway yelling at her (Raquel Shaw) and pointing in her face," Martorello said. "The kids were upset, crying, and she was crying and hysterical. He (Weiss) called her a bitch and a whore and said, 'You cut me off.' "

Martorello said Weiss then left the smog check area and Raquel Shaw drove her car over to the gas pumps. Minutes later Martorello said he saw a calm Stephen Shaw arrive on the scene and tap Weiss on the shoulder saying, "Can I talk to you for a minute?"

The teenager said the talk soon turned into a 5- to 10-minute argument that ended with Shaw delivering a "pretty violent" push with both hands into Weiss' chest. He said the push was so strong that Weiss' "feet briefly left the ground."

Martorello said after Weiss crashed into the propane tank gate and fell to the ground, Shaw stood over and straddled Weiss and yelled several times, "I will (expletive) you up! Don't (expletive) with me!"

Martorello's account of what Shaw allegedly did after the push elicited sobs from Weiss' family members seated in the back of the courtroom.

A cashier working at the car wash's convenience store at the time of the incident, Jennifer Gardas, said through the window she saw Shaw push Weiss on the side of his right shoulder and she called 911. Gardas said after Weiss fell to the ground it "looked like maybe he (Shaw) was yelling at him (Weiss) and maybe spit on him."

Robert Mirisch, who was getting his car washed that day, said Shaw was "very agitated" and walked up to Weiss, hollering before pushing him.

Mirisch said after Weiss hit the propane tank gating and fell to the ground Shaw said, "Next time pick on someone your own size, and look out for who you call a bitch."

Unlike the other eyewitnesses called to the stand Tuesday, Mirisch said Shaw pushed Weiss in the back as he was walking away from the confrontation. Mirisch said Shaw's push appeared totally "unprovoked."

Detective James Mitchell said at the crime scene he interviewed Shaw, who told him his wife called him saying "a man yelled at her and was yelling obscenities at her and frightening her children."

Mitchell said Shaw came to the car wash and confronted Weiss, saying "Why are you yelling at my wife? Why are you yelling at my kids? Why don't you pick on someone your own size?"

The detective said Shaw told him he then pushed Weiss with his left hand and "thought Weiss hit patio furniture and not the propane tank cage."

Mitchell said Shaw expressed regret and remorse over the incident and said Shaw honestly believed his wife and kids were in danger.

Mitchell said there was no evidence to show Shaw intended to kill Weiss or cause substantial bodily harm to Weiss by pushing him. The detective also said "percentage-wise" the act of pushing someone in the chest typically would not cause a death.

Shaw is scheduled for arraignment on July 26 before District Judge Donald Mosley.