Terry Shaw, one of the three defendants in the capital murder case of Tyrone Middleton, is scheduled to face a jury late in September.

Shaw, along with Myron Gordon and Barbara Eaton, is accused of murdering Middleton in August 2003, according to the Dallas County District Attorney’s office.

A maid discovered Middleton’s body in room 223 of the Days Inn and Suites on Highland on August 10, 2003.

While a bullet hole was found in the wall of room 223, reports show that Middleton was beaten to death with a blunt object.

Pretrial motions were filed in the case on Wednesday, when the current trial date was set.

Shaw, Gordon and Eaton are accused of capital murder, which carries the possibility of the death penalty in the case. Shaw and Gordon are currently being held in the Dallas County Jail. Eaton is free on bond.

Shaw will be the first case to go to trial, if a psychiatric evaluation is completed by September 27, when a jury will convene to hear the case.

The three are being tried separately, unless the defense files a motion to try all three at once.

If the evaluation hasn’t been completed, the case will not come before a jury until December or January.

The evaluation began as a motion from the defense in the case, although in order to expedite the case, the district attorney’s office has also filed a motion for an evaluation.

“We think he’s perfectly competent,” Joseph Fitzpatrick, assistant district attorney, said. “But, in order to continue the process, we’ve filed a motion (also).”

Alston Keith is representing Shaw in the case. Keith was out of town and the STJ was unable to question him regarding the case.

The case is being tried as a capital murder case because it also involved a robbery.

According to the case files, the three are accused of stealing a handgun, marijuana and $3,000 from Middleton.