NEW ORLEANS — A New Orleans man accused of shooting and killing his ex-girlfriend a day after he was released from jail on charges that "he beat and stole her pistol" pleaded not guilty Tuesday to a second-degree murder charge along with several other felonies, according to our partners at Nola.com.
Ex-boyfriend Kelvin Atkins entered his plea to an 11-count grand jury indictment that alleges he physically abused JohnShane Powell at least two times, then fatally shot her on July 3, at New Orleans and North Rocheblave Streets in the Seventh Ward, Nola.com reported.
Akins also faces indictment charges with two counts of "domestic abuse battery, three counts of possession of a firearm by a felon, two counts of theft of a firearm, and one count each of theft of possessions, disobeying a protective order and obstruction of justice."
According to Nola.com, Powell was the niece of Criminal District Court Judge Kimya Holmes. Powell was one of the 82 women shot in New Orleans last year, among 17 were fatal.
A day before Atkins shot and killed Powell with her "loaded 9 mm Beretta", he was advised by a Magistrate Court commissioner not to report whether he had access to a gun.
Our partners said domestic violence advocates contended that Joyce Sallah, commissioner, violated a state law that is meant to separate "people accused of domestic violence from their weapons – a statute they say has been largely ineffective."
According to court records, in 2004 Atkins pleaded guilty to attempted armed robbery that left a 57-year-old man dead outside of Jazz Fest, Nola.com reported. Atkins was accused of violating his parole when he was charged with Powell's murder while housed at the Orleans Justice Center.
Atkins is set to appear in court again in April. Criminal District Court Judge Marcus DeLarge has to decide if he will recuse himself from the case, because Powell's relationship to Holmes could be a "possible conflict."
DeLarge said that he would think about recusing himself before the next court date “If there’s an appearance of impropriety … then I am going to be left with no choice but to recuse myself," Nola.com reported.
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