Terminally ill man charged with killing ex-lover's boyfriend in Duluth

The fatal shooting happened Dec. 10 in Gary-New Duluth.
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A man charged in the shooting death of a Duluth man admitted to police that he shot the victim, before adding that he is terminally ill with ALS and only has a year to live. 

The shooting was reported Monday, Dec. 10 around 6:15 p.m. at 116 West Reis Street in Gary-New Duluth, where an officer found 35-year-old Kevin John Weiss with a wound to his lower abdomen, and an unidentified person attempting to save his life with chest compressions. 

Also in the room was 34-year-old Brian Ross Shaw, of Hibbing, who told police that he shot Weiss.

It happened in the home of Shaw's ex-partner, a 34-year-old woman with whom Shaw has three children, and from whom he had separated from in May. Shaw moved to Hibbing while Weiss moved into the woman's home sometime after.

Text messages showed that in the days leading up to the shooting, tensions were raised between Shaw and Weiss, with Shaw saying in a text to his ex: "I hope he realizes I only have about a year left to live, and all I've done the last four months is collect guns." 

On Monday, the woman kicked Weiss out of the house and eventually called police after he allegedly broke a window.

She made Shaw aware of what was going on, so Shaw drove to Duluth to spend the night, telling police it was out of fear for his three children's safety, 

Shaw brought along a pistol-handled Mossberg shotgun, which is the weapon used in the shooting. 

Investigators later found the text messages between Shaw and the victim, which were filled with threats of violence by Shaw. 

In one message Shaw wrote: "Good, I got my shotgun and I want to use it." 

Another read: "But you and your s--- better be gone when I get there cuz you're not going to like what happens." 

Weiss responded: "bring it," drawing a response of "Sounds good buddy" from Shaw. 

Shaw sent the message about only having a year left to live two days before the shooting, with the 34 year old telling police he has been diagnosed with ALS.

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Shaw also told investigators that when he arrived at his former home on the night of the shooting, he immediately saw Weiss coming from a shed. Shaw says Weiss threw a container at him and was calling him names. 

Shaw told police he racked the shotgun and told Weiss to get back, but Weiss didn't stop and proceeded push him. 

He claims the push sent him falling backwards, and that the shotgun went off when it hit the ground, denying ever pulling the trigger.

However, a medical examiner found that the shotgun blast hit Weiss on a downward trajectory, which isn't consistent with Shaw's story. 

Shaw's ex also told police that he entered the home and said: "I shot the f------." 

Shaw was charged Thursday in St. Louis County District Court with 2nd-degree manslaughter, which carries a maximum sentence of up to 10 years in prison and/or a $20,000 fine. 

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