An attorney for a man facing a murder charge in connection with a fatal shooting on St. John Street suggested in court Tuesday that his client was acting in self defense.

Abdirahman Mahmoud, 36, pleaded not guilty to the charge in May. Police say they had surveillance footage of a man who resembles Mahmoud shooting Raoul Tshiyuka near the Union Street shopping plaza around 1 a.m. on March 2.

Police say Mahmoud shot Tshiyuka and drove away in a black Ford Explorer SUV registered in his name before first responders arrived. Tshiyuka, who grew up in Kennedy Park, was dead within 30 minutes of being shot. He was days away from his 31st birthday.

Mahmoud was arrested after turning himself in later that day. He has been held in Cumberland County Jail without bail ever since. His attorney, Luke Rioux, suggested at a bail hearing Tuesday that his client should be released pending trial because he acted in self defense.

Rioux and Assistant Attorney General Lisa Bogue focused extensively on a police interview with Quentin Ndayishimiye, who witnessed the shooting. Ndayishimiye was a mutual friend of both Tshiyuka and Mahmoud.

Both sides have two weeks to file written arguments before Superior Court Justice John O’Neil will make a decision about bail. Mahmoud will remain behind bars in the meantime.

Although the hearing was only focused on bail, it offers the fullest look to date on the state’s case against Mahmoud and his defense.

Both Mahmoud’s family and Tshiyuka’s loved ones observed Tuesday’s arguments from separate sides of the gallery. Mahmoud’s father, Mohammed Hassan, said after court that his son is a hardworking man who owned his own medical transportation business.

“He has no criminal record,” Hassan said.

Tshiyuka’s girlfriend, Winey Ogweta, said afterward that she hopes justice will be served.

“Nobody should be able to take another person’s life,” Ogweta said.

She and Tshiyuka had known each other since childhood and were in a relationship for many years. Before he died, he was helping Ogweta open a hair salon in South Portland.

Portland police Detective Jessica Googins told the judge Tuesday that Mahmoud and Ndayishimiye arrived at the New Buja Belle bar on St. John Street late on the night of March 1. Tshiyuka arrived later with his uncle and recognized Ndayishimiye, who the detective said Tshiyuka had known for about 10 years.

Tshiyuka approached the car, according to an affidavit Googins wrote, and asked Ndayishimiye for a cigarette. Ndayishimiye told Googins that when Tshiyuka recognized Mahmoud, the two began arguing about an unpaid tab.

Eventually, Tshiyuka approached the driver side of Mahmoud’s car and Mahmoud took his gun from the glove box and held it in his lap, according to the affidavit. Ndayishimiye said Tshiyuka opened Mahmoud’s door and continued taunting him.

But Tshiyuka said something about having a gun as well, Ndayishimiye said, although the detective testified that police never found a firearm on Tshiyuka and no witness could remember seeing him with a gun that night.

Ndayishimiye said he had to hold Tshiyuka back but eventually let go of him.

Googins and Rioux, the defense attorney, differ on what happened next, before Mahmoud was seen on surveillance camera getting out of the car and firing a single shot at Tshiyuka.

Rioux said Tshiyuka punched Mahmoud in the face and that his client had injuries to prove it.

“As a police officer, is there a protocol for how many times you have to let a suspect punch you in the face before you draw your firearm? The answer is zero, right?” Rioux said.

But Googins said Ndayishimiye only said it appeared Tshiyuka intended to hit Mahmoud, not that he actually did. Surveillance videos don’t show any punches, although Googins admitted the cameras didn’t have full sight of the fight.

Bogue, the prosecutor, questioned why, if Mahmoud was really afraid for his safety, he didn’t pull up his car window or drive off.

“Raoul wasn’t standing in front of the car, stopping him from leaving,” she said.

She also said parts of the witness’ testimony were inconsistent, including where they were standing before Tshiyuka was shot and when Mahmoud showed Tshiyuka the gun.

Police said Mahmoud’s gun had a laser to help his aim; Tshiyuka was shot once in the chest, according to police records.

Prosecutors also pointed to the fact that Mahmoud fled the scene and avoided police for hours before he turned himself in. Googins mentioned several deleted texts between Mahmoud and his girlfriend before his arrest. In one text, Googins, said it appears Mahmoud’s girlfriend asks why he shot Tshiyuka. In another, Mahmoud said he could go to prison.

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