2 men accused of murder want separate trials
NORRISTOWN » Citing an “antagonistic” relationship between two Norristown men accused of taking part in the gunshot slaying of a 16-yearold boy in the borough, their lawyers have asked a judge to approve separate trials for the men.
William Durell Wilson and Isaiah “Zay” Freeman, through their lawyers, each filed court papers asking a Montgomery County judge to “sever” their cases for trial. Currently, Wilson, 31, and Freeman, 19, are slated to stand trial together on April 16 in connection with the 6:30 p.m. July 6, 2017, gunshot slaying of Jordan Scott, and the wounding of a second teenager who had been walking with Scott, at Chain Street and Blackberry Alley.
While prosecutors contend Freeman was the triggerman and Wilson was the person who supplied the murder weapon and was the getaway driver, previous testimony and court papers revealed that the two men fingered each other as the shooter when they gave statements to detectives.
The introduction at trial of Wilson’s statements against Freeman “will cause incurable prejudice” to Freeman, according to defense lawyer John I. McMahon Jr., who represents Freeman.
“Moreover, the defense of (Freeman) and co-defendant, William Wilson, will be antagonistic,” McMahon wrote in court papers.
Meanwhile, lawyers for Wilson maintained Freeman, in addition to naming Wilson as the shooter, penned a letter to Wilson in the county jail asking Wilson to “take this on d (sic) chin,” meaning for Wilson to plead guilty to the charges to allow Freeman to walk away from the murder charges.
Wilson maintains the letter implicates him in the homicide and with Freeman sitting next to him at the same trial he cannot cross-examine Freeman about the statements Freeman made to police or about the contents of the letter.
Wilson, who is represented by defense lawyer A. Charles Peruto Jr., maintained his inability to cross-examine Freeman violates his right to confront witnesses against him at trial, and therefore, separate trials are necessary.
But Deputy District Attorney Samantha Cauffman argued appropriate redactions to the defendants’ statements for trial “can cure any potential violations and thus not requiring severance.”
“The facts, which give rise to the charges against the defendants, arise out of the same transactions, events or criminal episodes,” Cauffman and co-prosecutor Roderick Fancher wrote in court papers challenging the requests for separate trials.
“Multiple trials would result in further delay in trial of the accused and expense and inconvenience to the witnesses, counsel and the court. No prejudice to the defendants will result from a consolidation of these cases for trial,” Cauffman and Fancher argued.
Judge Thomas C. Branca is expected to hold a hearing on the request before jury selection begins on April 16.
Wilson and Freeman each face charges of first- and third-degree murder, conspiracy to commit murder, aggravated assault, persons not to possess firearms and possessing instruments of crime in connection with the fatal shooting.
If convicted of first-degree murder, an intentional killing, the men face mandatory life prison terms. A conviction of third-degree murder, a killing committed with malice, carries a possible maximum sentence of 20 to 40 years in prison.
Wilson, of the first block of Zummo Way, and Freeman, of the first block of East Spruce Street, remain in the county jail without bail while awaiting trial.
According to previous testimony and court papers, Freeman claimed Wilson told him, “We have to get them boys” and wanted Freeman to be the one to shoot. However, Freeman told detectives he refused and that Wilson exited a gray Dodge Charger they were traveling in and shot Scott and the second teenager.
But in his statements to detectives Wilson “was adamant” that Freeman was responsible for the fatal shooting, detectives alleged in an arrest affidavit.
Testimony and court documents revealed that a third person who had been in the vehicle with Wilson and Freeman told detectives that Freeman was the shooter.
Prosecutors, in court papers, hinted at a motive for the shooting.
“Wilson and Freeman are a part of the same group of friends from Norristown that are alleged to have been feuding with Jordan Scott and others associated from Pottstown over several days leading up to July 6, 2017,” Cauffman and Fancher alleged in court papers.
“It is alleged that William Wilson encouraged his friends to settle the dispute through violent means, provided transportation to Pottstown on a previous occasion to do so, and provided firearms to his younger friends, including Isaiah Freeman,” prosecutors added.
Scott, of the 500 block of High Street in Norristown’s East End, was pronounced dead at 7:28 p.m. at a local hospital. An autopsy determined Scott died as a result of multiple gunshot wounds and two projectiles were removed from the teenager’s body, according to court documents.
A second juvenile male who had been walking with Scott on Chain Street approaching Blackberry Alley at the time of the shooting also suffered a gunshot wound to the right ankle and was treated for his wound at Paoli Hospital, court documents indicate.
Detectives relied on video surveillance in the area of the fatal shooting, cellphone analysis and eyewitness accounts to identify Freeman and Wilson as suspects.
The investigation determined Wilson was driving a gray 2013 Dodge Charger with Freeman in the front passenger seat when they saw the two victims walking in the vicinity of Oak and Chain Streets, according to detectives. Wilson drove to an alley between Chain and George streets and stopped the car, according to witness accounts contained in court documents.
Wilson allegedly provided a gun to Freeman.
Freeman, also known as “Young Bull Zay,” exited the vehicle, pulled the hood to his gray hooded sweatshirt over his head, walked to Blackberry Alley and peeked around the corner of a building, according to the arrest affidavit. When the two victims walked by Freeman allegedly opened fire, striking both Scott and the second juvenile.
Freeman then ran back to Wilson’s waiting vehicle and allegedly stated, “I got him, I got him, I hit him,” and “I shot him all in here” while pointing to his chest, according to witness accounts contained in the arrest affidavit.