Accused killer won’t face death penalty at trial

NORRISTOWN >> A Norristown man won’t face the death penalty if he’s convicted of first-degree murder after his alleged actions of firing a gun into the home of a neighbor during a dispute directly resulted in the fatal shooting of an occupant of that home.

Based on the legal standards and the factors they can consider under the law, Montgomery County prosecutors explained they will not seek a death sentence if Khalif Abdulra Sinclair is convicted of first-degree murder, which is an intentional kill

ing, in connection with the alleged Nov. 20, 2020, fatal shooting of Abdur Small, who lived next door to Sinclair.

“Given an analysis of the applicable legal requirements to seek the death penalty this case does not fall into that category,” Assistant District Attorney Samantha Cauffman explained.

With the death penalty off the table, Sinclair, 24, of the 500 block of West Lafayette Street, will face life imprisonment if he’s convicted of the first-degree murder charge during a trial. Under state law, firstdegree murder is punishable by either life imprisonment or death by lethal injection.

In order to obtain a death penalty, prosecutors must show that aggravating factors – circumstances that make a killing more heinous – outweigh any mitigating factors – circumstances that favor a defendant. Specifically, prosecutors have about 18 aggravating factors, under state law, which they can use to seek the death penalty.

Sinclair also faces charges of third-degree murder, person not to possess a firearm, possessing an instrument of crime and recklessly endangering another person.

A conviction of third-degree murder, a killing committed with malice, carries a possible maximum sentence of 20-to-40-years in prison.

Sinclair waived his formal arraignment on the charges before county Judge Thomas C. Branca. It is during a formal arraignment hearing that prosecutors must inform a judge if they plan to seek a death penalty.

Branca set Sinclair’s trial to begin on Jan. 24, 2022. The trial is slated to last about five days.

Sinclair will remain in the county jail without bail while awaiting trial.

With the charges, prosecutors alleged Sinclair fired gunshots into the home of his neighbor, causing an occupant of the neighboring home to fire a weapon in self-defense, but striking Small who was standing nearby and who later died.

“The defendant went to the residence with the specific intent to kill and his actions directly resulted in the death of Abdur Small,” District Attorney Kevin R. Steele said at the time of Sinclair’s arrest. “If he had not gone to the door of that residence, armed with a handgun and then fired into the residence, the other occupant of the house would not have fired his weapon in self-defense, and Small would still be alive today.”

The investigation began about 5:34 p.m. Nov. 20, when Norristown police responded to a home in the 500 block of West Lafayette Street for a reported shooting. Arriving officers found Small, 21, in the living room of the residence suffering from an apparent gunshot wound to the head, according to the criminal complaint filed by county Detective Anthony Caso and Norristown Police Corporal James Angelucci.

Small was transported to Suburban Community Hospital and later transferred to Jefferson Hospital in Philadelphia where he was pronounced dead on Nov. 21. An autopsy determined Small died as a result of a gunshot wound to the head and a single .22-caliber projectile was recovered from Small’s body during the autopsy, according to court papers.

Detectives recovered two fired 9mm cartridge casings and one fired .22-caliber cartridge casing in the living room of Small’s residence, as well as a projectile from the living room wall, court documents indicate.

Detectives also secured and reviewed digital video surveillance footage from the area surrounding Small’s residence. That video footage depicted a 2:45 p.m. Nov. 20 verbal confrontation between Sinclair and several occupants of Small’s residence, according to the criminal complaint. Witnesses claimed Sinclair wanted to fight the occupants of the neighboring home.

Less than three hours later, at approximately 5:30 p.m., according to witness accounts and surveillance video, Sinclair walked onto the porch of Small’s residence. As Small opened the front door, Sinclair fired two shots from his 9mm handgun into the residence, prompting one of the home’s residents to return fire using a .22 caliber firearm, detectives alleged.

Small was closest to the door as the shots were fired and he was struck by a .22-caliber bullet that the autopsy confirmed was fired by one of the home’s other occupants, according to the criminal complaint.

Witnesses described Small as standing between Sinclair and the other occupant who was armed with the .22-caliber weapon. The other occupant of the home claimed to be in fear for their life at the time of the shooting, according to the arrest affidavit.

Authorities did not release the name or gender of the other occupant of the home who fired the .22-caliber weapon. Witnesses claimed the other occupant of the home “accidentally” struck Small.

Sinclair is the only person charged in connection with the incident.

“Sinclair’s specific intent and actions directly resulted in the death of Abdur Small,” Caso and Angelucci alleged in the criminal complaint.

Khalif Abdulra Sinclair