Fran Humphries
CONWAY, SC (WBTW) – A Myrtle Beach man accused of attempted murder will be tried on the charge after a judge denied immunity under the Stand Your Ground law.
Myrtle Beach motel owner Shai David got into a fight with fellow businessman, Jack Rabon, in November 2015, according to Myrtle Beach Police. Lt. Joey Crosby with the department says around 4:47 p.m. Nov. 17, 2015, officers responded to the area of 803 Main Street in reference to a shooting incident.
Lt. Crosby states, “a physical altercation between two local businessmen escalated into a shooting incident where one of the businessmen was shot and the other is in police custody.” Shai David was identified as the shooter.
Warrants state David and Rabon fought in the parking lot area near 803 Main Street. Rabon reportedly got into his car after the altercation and attempted to drive away.
David, according to police, took out a handgun and began firing shots at Rabon’s car as he drove away. Rabon wrecked his car, crawled across the seats to get out on the passenger side, and hid behind another vehicle. David walked toward Rabon and “moved to get a clear firing line and fired another shot at the victim,” the warrant states.
David was charged with attempted murder and possession of a weapon during a violent crime. Rabon was charged with assault and battery third degree in connection to the fight.
The hearing that started Thursday in the courtroom of Judge Steven John was to decide if David had the right to protect himself by shooting Rabon, or if he should be tried for attempted murder. Testimony ended Thursday and the judge said he needed time before making a decision in the stand your ground hearing.
Closing arguments resumed in the courtroom Friday morning with David’s lawyer’s claiming he used self-defense against Rabon, and the prosecution noting bullet holes in the back of Rabon’s car indicate Rabon was leaving the scene and no longer posed a threat.
The judge called for a break around 12:30 p.m. Friday, announcing court would resume at 2:30 p.m. Shortly after 3 p.m. Friday, the judge ruled in favor of the prosecution, saying David will go to court for the attempted murder charge for his alleged role in the 2015 shooting.
Martin Spratlin was the attorney representing the state and while he wouldn’t comment on the outcome of the hearing, he says the stand your ground law is still pretty new in the court system and they expect to see more cases like this in the coming years.
“It takes a while for things to develop, it takes a while for things to get appealed and when things get appealed, the court of appeals kind of flushes it out and then as things get flushed out, more and more people take advantage of it, more and more people realize it, more and more people assert their rights under it,” said Spratlin.
David’s attorney Fran Humphries says while the hearing didn’t go as they’d hoped, the respect the judge’s decision and claim the hearing made them better prepared for trial.
“We understand now the parameters of the state’s case. We have a statement from the alleged victim which was not previously available because he never talked to law enforcement. So, in that respect, there is some benefit there to us, and we’re prepared now, better prepared for the trial of this case,” said Humphries.
Right now, the trial for Shai David has not been scheduled. Humphries says they do plan to argue he was acting in self defense.
