Accused gang rivals in ‘war’ await verdict
NORRISTOWN >> The fate of two alleged Pottstown gang members is about to be placed in the hands of jurors after a week-long trial at which prosecutors argued they engaged in all-out “war” in the borough.
“A war in Montgomery County? That’s exactly what happened here,” county First Assistant District Attorney Edward F. McCann Jr. said Wednesday in his closing remarks to jurors weighing the fate of Alexander “Dot” Scott and Josiah “Crakk” Bailey, who are accused of taking part in violent incidents during a battle between rival gangs between November 2014 and May 2015.
“Both of them decided they were going to use the streets in our county to conduct their drug business, their fear business, their violent business. There are shots being fired everywhere. That’s how indiscriminate this is. This is not a game. This is war,” said McCann, adding the citizens of Pottstown were collateral damage in the war. “It was the people in the community…who had to deal with this indiscriminate horror.”
But defense lawyers Brendan Campbell, who represents Scott, and David Ennis, who represents Bailey, argued prosecutors presented insufficient evidence against the men and that the testimony of prosecution witnesses, including other gang members, was unreliable. “They have failed in their proof. When they do that you have to find a person not guilty,” Ennis said during his closing statement, arguing ballistics evidence did not match the testimony of witnesses.
Campbell asked jurors to put aside any feelings they might have about how the men look, referring briefly to the numerous tattoos that adorn their faces, adding even though that might be offensive it doesn’t mean everything prosecutors allege is true.
Scott, 22, of the 1700 block of Haak Street, Reading, and Bailey, 22, of the first block of West Walnut Street, Pottstown, each face numerous charges, including attempted murder. Judge Steven T. O’Neill will give legal instructions to the jury on Thursday morning and the jury will then begin deliberations.
Bailey allegedly was a member of the gang “Brothas From Anotha” and Scott allegedly was a member of ri-
val gang “Straight Cash Money Gun Crew.”
Scott and Bailey were two of 47 people arrested in May 2015 after the Montgomery County District Attorney’s Violent Crime Unit and Narcotics Enforcement Team crushed the two rival gangs operating in Pottstown and neighboring Berks County, which authorities alleged were responsible for violent, drug-related incidents dating back to the summer of 2014. The two gangs were identified during an investigation dubbed “Operation War Ready.”
The conflict between the organizations “resulted in numerous shootings and gun battles,” during a six-month period, detectives wrote in arrest documents. Prosecutors alleged the gangs were connected to illegal narcotics trafficking.
Campbell didn’t dispute that Scott was involved in drug activity but he argued that didn’t make him a shooter. Campbell argued much of the evidence prosecutors are using against Scott is based on wiretap conversations and social media posts, but no real physical evidence.
During the trial, prosecutors presented text messages and intercepted phone and jail house recordings they claimed linked the men to the violent activities. Jurors appeared riveted as they listened to recordings of the obscenity-laced phone calls and read messages displayed on a giant projection screen by Jonathan Perrone, computer operations supervisor in the district attorney’s office.
Ennis argued the phone calls “may show associations and friendships” but that they don’t show criminal actions.
Scott faces a charge of attempted murder in connection with an alleged Feb. 28, 2015, plot to kill Lazaro “Laz” Morgalo, 28, who court papers identified as an associate of “Brothas From Anotha.”
Scott allegedly had phone conversations with “trusted confederates” on Feb. 28 during which he threatened the life of Morgalo under the alleged belief that Morgalo had robbed his “little brother” several days earlier, according to court documents.
“In a series of intercepted phone calls the two prepared to shoot a rival member. Investigators determined that Scott was enroute to (Pottstown) armed with a TEC-9 semiautomatic handgun. We also determined the firearm was loaded to full capacity. Law enforcement intervened and prevented the shooting,” detectives wrote in the arrest affidavit filed against Scott.
Intercepted phone calls between Scott and another alleged confederate indicated they were frantically searching for Morgalo in Pottstown, detectives said.
Knowing Morgalo’s life was in danger law enforcement officers conducted a pedestrian stop on Morgalo at the corner of Warren and Chestnut streets and took him from the location. Morgalo “was not shot because he was no longer on location,” detectives said.
Scott also faces an attempted murder charge in connection with a 1:09 p.m. Dec. 26, 2014, shooting in the rear of a home in the 300 block of North Evans Street. With that charge, authorities alleged Scott fired a handgun numerous times at a vehicle occupied by two men, who were not struck by any of the bullets, but who testified they feared for their lives.
Bailey is charged with attempted murder and aggravated assault in connection with his alleged role in two shootings on Nov. 30, and Dec. 24, 2014, according to court documents.
An alleged 10 p.m. Nov. 30 gun fight between the rival gang members occurred in the 400 block of Elm Street, during which a total of at least 28 gunshots were fired from several different weapons, according to testimony.
“There were so many shots fired that night that the Pottstown police ran out of evidence markers. This is a shootout without regard for anybody who lived in that area,” argued McCann, assisted by co-prosecutor Tonya Lupinacci. “No regard for the citizens of Pottstown.”
No one sought medical treatment after the gun battle.
Authorities alleged Bailey also took part in the 10:31 p.m. Dec. 24, 2014, shooting in the 300 block of Walnut Street during which Daniel Garcia, an alleged associate of the “Straight Cash Money Gun Crew,” suffered a gunshot wound to the leg.
Other members of the gangs previously pleaded guilty to various drug- and weapons-related charges and are awaiting sentencing.
“A war in Montgomery County? That’s exactly what happened here. This is not a game. This is war.” — Montgomery County First Assistant District Attorney Edward McCann Jr. “There were so many shots fired that night that the Pottstown police ran out of evidence markers. This is a shootout without regard for anybody who lived in that area. No regard for the citizens of Pottstown.” — Montgomery County First Assistant District Attorney Edward McCann Jr.