NORRISTOWN — A Chester County man’s fate will be made the decision by a Montgomery County jury in October when he faces trial on prices he fatally shot a King of Prussia male in Cheltenham through what prosecutors alleged was an altercation about a drug financial debt.
The demo for Kether Optimus Massiaz, 23, of Malvern, will commence on Oct. 4, in accordance to an purchase filed by Montgomery County Decide William R. Carpenter. The trial is slated to final 5 days. The demo day was selected immediately after a meeting among the choose and the lawyers in the circumstance.
“This day is constant with the business enterprise of the court docket in dealing with the COVID judicial crisis and its aftermath. There shall be no continuance,” Carpenter wrote in the buy. “Attorneys are directed to appropriately notify any necessary witnesses and to have them accessible 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 expanding and the COVID-19 positivity fee reducing in the county jury trials are now staying scheduled for late summer time and early slide.
Massiaz faces rates of 1st- and 3rd-diploma murder and possessing an instrument of crime in relationship with the alleged March 15, 2020, capturing dying of Wendell Allison-Haulcey, 28, of King of Prussia.
A conviction of very first-degree murder, which is an intentional killing, carries a sentence of lifestyle imprisonment.
A conviction of 3rd-diploma murder, which is a killing committed with malice, carries a attainable greatest sentence of 20 to 40 years in prison.
The lethal altercation occurred together the 400 block of West Glenside Avenue in Cheltenham, in accordance to court papers.
The investigation began about 9:12 p.m. when Cheltenham law enforcement responded to the West Glenside Avenue location for a report of a capturing. Arriving officers observed Allison-Haulcey, who had sustained a gunshot wound, at that place and he was transported to Abington Medical center Jefferson Health and fitness where by he was pronounced useless.
A subsequent autopsy decided 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 final calendar year, a county detective testified a 9mm Taurus semiautomatic pistol that was legally registered to Massiaz was observed outdoors the home in which the taking pictures happened. Prosecutors alleged Massiaz dropped the weapon while he fled from the scene.
Detectives alleged a ballistics professional opined “that the projectile removed from the target was fired from the Taurus registered to the defendant in this circumstance.”
Testimony and court papers revealed that at 9:14 p.m., Abington police have been dispatched to a nearby 7-Eleven keep, at 362 Easton Rd., for a report of a gentleman bleeding from the head. The gentleman was discovered as Massiaz, who was operating a black BMW sedan, according to prior testimony.
Detectives alleged Massiaz was “uncooperative” even though getting questioned and when asked if he experienced a firearm he replied, “No.”
Nevertheless, testimony discovered police observed Massiaz to be sporting an vacant gun holster. The Taurus weapon that detectives observed at the scene of the taking pictures “was the only pistol that in good shape that unique holster taken off from the defendant,” a detective testified at the preliminary hearing.
Detectives alleged an evaluation of mobile mobile phone tower info showed that a phone linked to Massiaz was in the place of the capturing at the time it transpired.
During the investigation, county and Cheltenham detectives located numerous eyewitnesses and attained doorbell digital camera surveillance footage from a close by residence that confirmed photographs of Massiaz and the victim, in accordance to testimony and courtroom papers.
The investigation determined Allison-Haulcey and Massiaz had been concerned in an altercation, with each and every carrying firearms and when photographs were being fired neighbors called police.
The region surrounding the murder scene was processed and two guns had been identified, the Taurus allegedly linked to Massiaz and a High Level .45-caliber semi-computerized pistol recovered adjacent to Allison-Haulcey’s physique, testimony exposed.
In the course of a hearing very last 12 months, Assistant District Attorney Scott Frank Body alleged textual content message communications between Massiaz and Allison-Haulcey in the hrs major up to the lethal taking pictures instructed the target owed Massiaz $1,200 and a quarter-pound of cannabis and that the pair went to a West Glenside Avenue home the sufferer utilised as “a stash house” presumably to get the income that was owed.
When neither the dollars nor cannabis was furnished, a wrestle ensued and Massiaz shot the sufferer, Frame beforehand alleged.
Frame argued the evidence confirmed that Allison-Haulcey, immediately after becoming shot, briefly chased Massiaz from the West Glenside Avenue residence and managed to fire off a shot from his gun towards Massiaz who still left the scene in his BMW car.
Defense law firm Michael J. Engle signifies Massiaz, in accordance to court docket records.