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PORTSMOUTH — When a police officer arrived at the apartment, he couldn’t open the door all the way.
Khamarl Mahs’ body lie on the ground in front of the door.
Javon J. Simms was standing there with his arms up, the officer testified Wednesday in court. When the officer asked what was wrong with Mahs, Simms replied, “He’s dead,” the officer testified.
What happened?
“I shot him,” the officer said Simms told him.
At a preliminary hearing Wednesday, General District Judge Douglas Ottinger found prosecutors had established probable cause in their case against Simms, sending the case forward to a grand jury and a step closer to eventual trial in Circuit Court. Simms, 25, is charged with second-degree murder and using a firearm in the death of 37-year-old Mahs.
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Testimony at Wednesday’s hearing did not address what may have led to the shooting.
Police said they were called to the 1000 block of Cherokee Road shortly before 8:30 a.m. July 15. The apartment belonged to Simms’ girlfriend, and a child also was there.
Police said they found the gun used in the shooting on a coffee table inside the apartment.
Mahs had an unloaded gun on his hip and money in his hand, according to testimony. He was shot seven times.
Before Ottinger sent the charges forward, Simms’ defense attorney, James Broccoletti, asked the judge to strike the charges, arguing several details — including the weapon found on Mahs — raised questions about the shooting. He said the prosecutor hadn’t presented information about the context of the shooting or shown malice, which prosecutors have to prove to convict someone of murder.
Prosecutor Shaniqua Clark Nelson said the evidence presented was sufficient to show malice. She said malice can be inferred from using a firearm.
Margaret Matray, 757-222-5216, margaret.matray@pilotonline.com