Portsmouth man acquitted of murder after judge rules he acted in self defense

PORTSMOUTH — A Portsmouth man was acquitted of murder and firearm charges Monday after a judge determined he’d acted in self defense, according to the man’s defense lawyer.

Javon Jamal Simms had faced charges of second-degree murder and illegal use of a firearm in the July 15, 2021, fatal shooting of Khamarl Mahs at a Cherokee Road apartment at which Simms’ girlfriend lived.

When police arrived that day , Mahs, 37, was lying on the floor of the apartment, with a gun in his waistband and cash in his hand. Simms, who was 25 at the time, told police he shot Mahs .

Simms testified in his own defense during the one-day trial in Portsmouth Circuit Court, defense attorney James Broccoletti said. Simms told Judge Kenneth Melvin he’d gone to his girlfriend’s apartment that day to pick up their 11-month-old son.

While he was there, Mahs came into the apartment unannounced and shut the door, Broccoletti said. Mahs claimed the girlfriend owed him money, which she disputed, and said he wasn’t leaving until he got it, the defense lawyer said. While Simms was talking to Mahs, the girlfriend got her gun, and some cash to give to Mahs, and again told him to leave.

Simms said Mahs was reaching for his own gun when Simms grabbed his girlfriend’s gun and shot Mahs seven times. It was later determined that the Glock pistol Mahs had on his hip was unloaded.

Broccoletti said the judge determined that the case fit under the “castle doctrine,” which says an individual has the right to use force, including deadly force, to protect themselves against an intruder in their home.

Jane Harper, jane.harper@pilotonline.com