NORRISTOWN — A Chester County man’s fate will be made the decision by a Montgomery County jury in October when he faces trial on expenses he fatally shot a King of Prussia man in Cheltenham during what prosecutors alleged was an altercation about a drug personal debt.
The demo for Kether Optimus Massiaz, 23, of Malvern, will start on Oct. 4, in accordance to an get filed by Montgomery County Decide William R. Carpenter. The demo is slated to previous five days. The trial date was chosen soon after a meeting amongst the decide and the legal professionals in the scenario.
“This day is dependable with the enterprise of the courtroom in dealing with the COVID judicial crisis and its aftermath. There shall be no continuance,” Carpenter wrote in the purchase. “Attorneys are directed to adequately notify any required witnesses and to have them readily available to testify when needed.”
Jury trials were 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 getting scheduled for late summer time and early slide.
Massiaz faces costs of initial- and third-degree murder and possessing an instrument of criminal offense in relationship 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 existence imprisonment.
A conviction of third-degree murder, which is a killing committed with malice, carries a doable optimum sentence of 20 to 40 years in jail.
The fatal altercation transpired alongside the 400 block of West Glenside Avenue in Cheltenham, in accordance to court papers.
The investigation started about 9:12 p.m. when Cheltenham law enforcement responded to the West Glenside Avenue locale for a report of a taking pictures. Arriving officers identified Allison-Haulcey, who experienced sustained a gunshot wound, at that site and he was transported to Abington Hospital Jefferson Wellbeing in which he was pronounced dead.
A subsequent autopsy determined Allison-Haulcey died from a gunshot wound to the shoulder and upper body. Throughout the autopsy, a projectile was recovered from Allison-Haulcey’s human body, according to detectives.
Through a preliminary hearing past yr, a county detective testified a 9mm Taurus semiautomatic pistol that was legally registered to Massiaz was located exterior the residence wherever the shooting happened. Prosecutors alleged Massiaz dropped the weapon although he fled from the scene.
Detectives alleged a ballistics qualified opined “that the projectile eliminated from the victim was fired from the Taurus registered to the defendant in this case.”
Testimony and courtroom papers revealed that at 9:14 p.m., Abington law enforcement had been dispatched to a nearby 7-Eleven retailer, at 362 Easton Rd., for a report of a guy bleeding from the head. The gentleman was determined as Massiaz, who was functioning a black BMW sedan, according to past testimony.
Detectives alleged Massiaz was “uncooperative” while staying questioned and when asked if he experienced a firearm he replied, “No.”
However, testimony disclosed police observed Massiaz to be sporting an vacant gun holster. The Taurus weapon that detectives identified at the scene of the taking pictures “was the only pistol that fit that unique holster eradicated from the defendant,” a detective testified at the preliminary listening to.
Detectives alleged an examination of cell phone tower facts confirmed that a telephone connected to Massiaz was in the location of the shooting at the time it occurred.
For the duration of the investigation, county and Cheltenham detectives positioned a number of eyewitnesses and acquired doorbell camera surveillance footage from a nearby home that confirmed images of Massiaz and the target, in accordance to testimony and court papers.
The investigation established Allison-Haulcey and Massiaz ended up concerned in an altercation, with each and every carrying firearms and when photographs were being fired neighbors known as police.
The place bordering the murder scene was processed and two guns have been discovered, the Taurus allegedly connected to Massiaz and a Significant Point .45-caliber semi-automatic pistol recovered adjacent to Allison-Haulcey’s physique, testimony disclosed.
Through a listening to previous 12 months, Assistant District Lawyer Scott Frank Body alleged textual content message communications involving Massiaz and Allison-Haulcey in the several hours major up to the lethal taking pictures suggested the target owed Massiaz $1,200 and a quarter-pound of marijuana and that the pair went to a West Glenside Avenue residence the victim employed as “a stash house” presumably to get the dollars that was owed.
When neither the hard cash nor cannabis was presented, a struggle ensued and Massiaz shot the victim, Frame earlier alleged.
Body argued the proof showed that Allison-Haulcey, just after currently being shot, briefly chased Massiaz from the West Glenside Avenue residence and managed to fire off a shot from his gun towards Massiaz who remaining the scene in his BMW vehicle.
Defense lawyer Michael J. Engle represents Massiaz, according to court data.