Man faces trial for alleged fatal shooting

CHELTENHAM » A Chester County man must answer to charges in Montgomery County Court that he fatally shot a King of Prussia man in Cheltenham during what prosecutors alleged was an altercation about a drug debt.

Kether Optimus Massiaz, 22, of Malvern, was held for trial on Tuesday after a preliminary hearing before District Court Judge Christopher J. Cerski on charges of first- and thirddegree murder and possessing an instrument of crime in connection with the March 15 shooting death of Wendell Alli- son-Haulcey, 28, of King of Prussia.

The deadly altercation occurred along the 400 block of West Glenside Avenue in Cheltenham, according to testimony.

The preliminary hearing was held via a video-conferencing system in order to comply with social distancing rules implemented during the coronavirus pandemic. All of the parties, including Massiaz, who was at the county jail, were linked by video technology from their offices or homes.

Massiaz, who wore a red protective mask throughout the hearing, will remain in the county jail without bail while awaiting trial.

Assistant District Attorney Scott Frank Frame alleged text message communications between Massiaz and Allison-Haulcey in the hours leading up to the fatal shooting suggested the victim owed Massiaz $1,200 and a quarter-pound of marijuana and that the pair went to a West Glenside Avenue residence the victim used as “a stash house” presumably to get the money that was owed.

“When you look at all inferences in favor of the commonwealth, it’s clear that there’s a drug debt owed, he went there to collect the debt, it wasn’t there…he requested his money, he requested his marijuana and neither one of those things was provided. A struggle ensued and he shot him,” Frame alleged.

Frame argued the evidence showed that Allison-Haulcey, after being shot, briefly chased Massiaz from the West Glenside Avenue residence and managed to fire off a shot from his gun toward Massiaz who left the scene in his BMW vehicle.

“It’s very clear he had a specific intent to kill because he didn’t get his money and he didn’t get his drugs,” Frame argued, referring to Massiaz.

But defense lawyer Thomas C. Egan III argued prosecutors did not present sufficient evidence to support the first-degree murder charge, specifically that the killing was committed with intent.

“There’s no evidence at all of what the defendant’s intent was in this circumstance,” Egan argued during the hearing. “When you look at the text messages they’re consistent with a friendly relationship between the two people. It’s difficult to infer that there was any premeditation element necessary for first-degree murder here.”

Egan suggested Allison-Haulcey knew that Massiaz had recently “re-upped” his marijuana supply and that AllisonHaulcey “lured” Massiaz to the West Glenside Avenue residence to rob Massiaz.

“Everything broke loose fast. Everything happened in probably under five minutes,” Egan argued.

Massiaz will face a formal arraignment hearing on the charges later this year in county court and a trial date will then be set.

A conviction of first-degree murder, which is an intentional killing, can carry a sentence of life imprisonment or the death penalty. If prosecutors decide to seek the death penalty at trial they would have to notify a judge at the time of Massiaz’s formal arraignment hearing.

A conviction of thirddegree murder, which is a killing committed with malice, carries a possible maximum sentence of 20 to 40 years in prison.

According to testimony, the investigation began about 9:12 p.m. when Cheltenham police responded to the 400 block of West Glenside Avenue for a report of a shooting. Arriving officers found Allison-Haulcey, who had sustained an apparent gunshot wound, at that location and he was transported to Abington Hospital Jefferson Health where he was pronounced dead.

County Detective Anthony Caso testified an autopsy determined Allison-Haulcey died from a gunshot wound to the shoulder and chest. During the autopsy, a projectile was recovered from Allison-Haulcey’s body, Caso testified.

Caso testified a 9mm Taurus semiautomatic pistol that was legally registered to Massiaz was found outside the residence where the shooting occurred. Prosecutors alleged Massiaz dropped the weapon while he fled from the scene.

Caso testified a ballistics expert opined “that the projectile removed from the victim was fired from the Taurus registered to the defendant in this case.”

Testimony revealed that at 9:14 p.m., Abington police were dispatched to a nearby 7-Eleven store, at 362 Easton Rd., for a report of a man bleeding from the head. The man was identified as Massiaz, who was operating a black BMW sedan, according to testimony.

“I saw blood coming out of the top of his head. He also had a large bloodstain on his shirt,” Abington Police Officer Paul Welsh testified about his observations of Massiaz, adding Massiaz was “uncooperative” when being questioned. “He wouldn’t answer any of the questions. I asked the defendant if he had a firearm and he replied, ‘No.’”

Massiaz