Convicted Yuba County rapist denied parole

After being convicted of rape in nearly 24 years ago, David Martin Shaw, 54, was denied parole by the Board of Parole Hearings on Wednesday with officials believing that he still poses an “unreasonable risk to public safety.”

According to Appeal archives, Shaw was found guilty by a Yuba County jury on seven felony charges in May 2000, including attempted murder, kidnapping for rape, criminal threats, burglary, and rape during the commission of a burglary.

In September 1999, Shaw reportedly assaulted a woman on the floor of a dark shed in Marysville, strangling her to unconsciousness, and threatening to kill her, the Yuba County District Attorney’s Office said.

According to court documents, the victim told officers that Shaw was still in the shed when she regained consciousness, and that she fought, scratched and hit him.

The victim then fled into the street where she was picked up by a nearby motorist, who took her to the Marysville Police Department.

When questioned by police, Shaw “admitted that he and the victim went into the shed and had sexual intercourse,” court documents said. “The only issue at trial was consent. The victim claimed he forced her into the shed and forced her to have sex, while he claimed he paid $20. The victim claimed he choked her; he denied the same. The physical evidence supported the victim’s testimony.”

According to the DA’S Office, the dispatcher who first responded to the victim went on to testify that she was so scared that “she was crying, shaking, and she begged to not be left alone in the lobby by herself.”

The woman later guided police to the shed, where officers found her purse, shoes, and her fingernails which had broken off in the assault. After hearing witness testimony and forensic evidence, Shaw was found guilty and sentenced to 24 years to life in prison.

Shaw later appealed for a retrial, claiming that his lawyer failed to call a forensic expert to testify about the effects of drugs and alcohol on a person’s perception and memory. According to Appeal archives, the woman admitted to ingesting methamphetamine and alcohol hours before the sexual assault. Shaw’s appeal was ultimately denied.

While he was serving the sexual assault charges in prison, Shaw reportedly bound and tried to kill his cellmate, the DA’S Office said. He was separately convicted of attempted murder.

Shaw appeared before the Board on Wednesday for his first parole eligibility hearing. Yuba County Deputy District Attorney Caitlin Smith opposed Shaw’s release based on risk assessments received from the California Department of Corrections and Rehabilitation, the DA’S Office said. Commissioners Robert Barton and Eleanor Adams denied Shaw’s parole for five years.

“The Yuba County District Attorney’s Office will continue to oppose his release so long as he continues to pose an unreasonable risk to public safety,” officials said.