ST. CLAIR SHORES — Judge Mark Fratarcangeli of the 40th District Court said he found probable cause to bind over to Circuit Court the case of a 64-year-old man accused of killing a man on Recreation Street almost two years ago.
Viktor Shaholli faces charges of homicide first-degree murder, which carries a penalty of life in prison, and a 2-year felony firearms charge for allegedly shooting 29-year-old Dashamir Matjani Nov. 20, 2011, in a home in the 23000 block of Recreation. Matjani died from his injuries at McLaren Macomb Hospital in Mount Clemens.
Shaholli was deemed competent to stand trial in the matter June 21 after spending more than a year at the Center for Forensic Psychiatry. But even at the preliminary examination July 26, Shaholli’s attorney, Timothy Barkovic, argued that his client was unwell and disabled.
“My client does suffer from a mental deficiency and is totally without capacity to care for himself,” Barkovic said. “I think both the witnesses for the prosecution and the defense witnesses have more than amply indicated that my client suffers from mental disabilities. I specifically asked for those accommodations that are outlined by the state.”
Assistant Macomb County Prosecutor Stephen Fox, however, said Barkovic’s requests are “a very thinly veiled attempt by the defense to create … (a) new determination of competency.”
“We’ve determined he’s competent — that he does understand,” Fox continued. “There is no reasonable accommodation that can be made to make him more competent.”
“Based upon the testimony that I took, there was not an indication … that the defense suffered from any mental disability at all,” he said.
And with testimony given at the preliminary examination by Shaholli’s son and other relatives who were at the home at the time, it was revealed that Shaholli had argued with the wife of one of his sons, Ermira Shaholli — who is known as Allie — prior to allegedly shooting Matjani, who is Ermira Shaholli’s brother.
“They had a disagreement,” Arjan Shaholli — Viktor’s son and Ermira’s husband — said July 26.
And Oltion Sotiri, Viktor Shaholli’s nephew, testified that there had been no arguments between Matjani and Viktor Shaholli. He said a couple hours elapsed between Ermira Shaholli arguing with the defendant and when the gunshot was heard at the home.
Shaholli’s cousin, Basri Sulolli — who goes by Harry — took the stand to testify that he received a call from Viktor Shaholli the night of the shooting.
“He told me (to) come and meet me in the Police Department parking lot,” Sulolli said. “He said, ‘I shot (Ermira’s) brother.’”
Sulolli said Viktor Shaholli told him that Matjani had cursed at him but didn’t specify anything else that happened at the home.
“When I went there, to the parking lot, he had already been taken inside,” Sulolli said.
Fratarcangeli found probable to bind the case over to Macomb County Circuit Court on both counts. Shaholli will be arraigned in that court at 1:30 p.m. Aug. 19.