NORRISTOWN — A Chester County man’s fate will be decided by a Montgomery County jury in Oct when he faces trial on rates he fatally shot a King of Prussia gentleman in Cheltenham through what prosecutors alleged was an altercation about a drug financial debt.
The trial for Kether Optimus Massiaz, 23, of Malvern, will commence on Oct. 4, according to an buy filed by Montgomery County Judge William R. Carpenter. The trial is slated to past five times. The demo day was picked right after a meeting between the decide and the legal professionals in the scenario.
“This date is consistent with the business enterprise of the court docket in dealing with the COVID judicial unexpected emergency and its aftermath. There shall be no continuance,” Carpenter wrote in the purchase. “Attorneys are directed to effectively notify any essential witnesses and to have them readily available to testify when desired.”
Jury trials were being suspended in the county in March 2020 as a precaution when the coronavirus pandemic surfaced. With vaccinations increasing and the COVID-19 positivity amount decreasing in the county jury trials are now being scheduled for late summer season and early tumble.
Massiaz faces charges of to start with- and third-diploma murder and possessing an instrument of crime in link with the alleged March 15, 2020, taking pictures loss of life of Wendell Allison-Haulcey, 28, of King of Prussia.
A conviction of initial-degree murder, which is an intentional killing, carries a sentence of everyday living imprisonment.
A conviction of 3rd-degree murder, which is a killing fully commited with malice, carries a achievable maximum sentence of 20 to 40 several years in jail.
The deadly altercation occurred together the 400 block of West Glenside Avenue in Cheltenham, in accordance to court papers.
The investigation commenced about 9:12 p.m. when Cheltenham police responded to the West Glenside Avenue place for a report of a capturing. Arriving officers observed Allison-Haulcey, who experienced sustained a gunshot wound, at that spot and he was transported to Abington Hospital Jefferson Wellbeing exactly where he was pronounced lifeless.
A subsequent autopsy identified Allison-Haulcey died from a gunshot wound to the shoulder and chest. All through the autopsy, a projectile was recovered from Allison-Haulcey’s entire body, in accordance to detectives.
Throughout a preliminary hearing past yr, a county detective testified a 9mm Taurus semiautomatic pistol that was lawfully registered to Massiaz was identified exterior the residence the place the shooting transpired. Prosecutors alleged Massiaz dropped the weapon while he fled from the scene.
Detectives alleged a ballistics skilled opined “that the projectile eliminated from the target was fired from the Taurus registered to the defendant in this case.”
Testimony and courtroom papers unveiled that at 9:14 p.m., Abington police were being dispatched to a close by 7-Eleven shop, at 362 Easton Rd., for a report of a gentleman bleeding from the head. The person was determined as Massiaz, who was operating a black BMW sedan, according to prior testimony.
Detectives alleged Massiaz was “uncooperative” although remaining questioned and when requested if he experienced a firearm he replied, “No.”
Even so, testimony disclosed police noticed Massiaz to be putting on an empty gun holster. The Taurus weapon that detectives found at the scene of the shooting “was the only pistol that suit that unique holster taken off from the defendant,” a detective testified at the preliminary listening to.
Detectives alleged an analysis of mobile telephone tower information showed that a cell phone linked to Massiaz was in the spot of the capturing at the time it occurred.
For the duration of the investigation, county and Cheltenham detectives situated several eyewitnesses and obtained doorbell digicam surveillance footage from a nearby residence that showed visuals of Massiaz and the sufferer, in accordance to testimony and court papers.
The investigation established Allison-Haulcey and Massiaz have been concerned in an altercation, with each and every carrying firearms and when pictures were being fired neighbors known as police.
The space bordering the murder scene was processed and two guns were discovered, the Taurus allegedly linked to Massiaz and a Substantial Point .45-caliber semi-computerized pistol recovered adjacent to Allison-Haulcey’s entire body, testimony uncovered.
Through a hearing final 12 months, Assistant District Legal professional Scott Frank Frame alleged text information communications in between Massiaz and Allison-Haulcey in the several hours top up to the fatal shooting prompt the target owed Massiaz $1,200 and a quarter-pound of cannabis and that the pair went to a West Glenside Avenue residence the target applied as “a stash house” presumably to get the cash that was owed.
When neither the dollars nor cannabis was offered, a struggle ensued and Massiaz shot the sufferer, Body beforehand alleged.
Body argued the evidence showed that Allison-Haulcey, immediately after staying shot, briefly chased Massiaz from the West Glenside Avenue residence and managed to fire off a shot from his gun towards Massiaz who left the scene in his BMW car.
Protection lawyer Michael J. Engle signifies Massiaz, in accordance to courtroom documents.