Two men accused in killing plead not guilty

Ralph Williams was fatally shot in Norristown; Justin Mitchell and Henry Diaz-Ayala were charged

NORRISTOWN >> Two men accused of roles in the gunshot slaying of a Norristown man pleaded not guilty to homicide-related charges during their initial hearings in Montgomery County Court and are awaiting trial.

Justin M. Mitchell, 41, of the 700 block of East Elm Street, Norristown, waived his arraignment in Montgomery County Court on Wednesday and through his lawyer, John I. McMahon Jr., entered not guilty pleas to charges of second- and thirddegree murder, conspiracy to commit murder, aggravated assault and robbery in connection with the Jan. 23, 2019, gunshot slaying of Ralph Williams, 66, during an alleged home invasion robbery.

“Now, the process will be to thoroughly prepare and get ready for trial. He wants to get his day in court as soon as possible. We’ll be ready to fight this case very vigorously,” McMahon said on Mitchell’s behalf after the hearing.

A conviction of second-degree murder, a killing that occurs during the course of another felony such as robbery, carries a mandatory sentence of life imprisonment. A conviction of third-degree murder carries a possible maximum sentence of 20-to-40-years in prison.

Henry Diaz-Ayala, 40, of the 200 block of East Rockland Street, Philadelphia, also waived his formal arraignment and pleaded not guilty to charges of first-, second-, and third-degree murder, conspiracy to commit murder and assaultand robbery-related charges in connection with the alleged home invasion at Williams’s home in the 500 block of Cherry Street.

“We’re waiting for a trial date to be scheduled and to litigate the case in court,” defense lawyer Gregory P. DiPippo said on Diaz-Ayala’s behalf.

In the event he’s convicted of first-degree murder, an intentional killing, Diaz-Ayala will not face the death penalty, prosecutors revealed on Wednesday.

“The district attorney’s office evaluated the facts and circumstances of this case and decided that the death penalty was not the appropriate avenue

to pursue,” explained Deputy District Attorney Samantha Cauffman, who is handling the cases with coprosecutor Furrah Qureshi.

Under state law, first-degree murder is punishable by either life imprisonment or death by lethal injection. It’s during a formal arraignment hearing that prosecutors must notify a judge about their intentions regarding the death penalty.

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.

With the death penalty off the table, Diaz-Ayala will face life imprisonment if convicted of first-degree murder.

Judge Steven T. O’Neill tentatively set a January trial date for the two men.

“We are looking forward to bringing these two men to justice,” Cauffman added.

Authorities are still searching for a third man, Russell Montalvo-Fernandez, 38, of North Sixth Street in Philadelphia, in connection with the alleged shooting and murder. Anyone with information regarding Montalvo-Fernandez’s whereabouts should to contact Norristown Police at 610-270-0977 or Montgomery County Detectives at 610-278-3368.

The investigation began about 9:17 p.m. Jan. 23, when Norristown police responded to Williams’s Cherry Street home for a report of a shooting. Williams was found dead from apparent gunshot wounds in a second-floor bedroom, according to a criminal complaint filed by county Detective William Mitchell and Norristown Police Corporal James Angelucci.

An autopsy determined Williams died from multiple gunshot and stab wounds coupled with blunt impact to the head, according to the criminal complaint.

Williams’s 21-year-old son also was shot, but survived.

Investigators noted a blood trail in the house, through the rear kitchen door and into Maple Alley, consistent with someone bleeding as they fled the residence, according to the arrest affidavit.

Detectives obtained surveillance video from behind the Cherry Street residence, which showed a Chevrolet Impala with a missing driver’s side hubcap driving on Maple Alley without headlights and parking behind the residence. Then three men exited the vehicle and walked toward the rear of the Cherry Street residence, detectives alleged.

“Minutes before the 911 call, the three suspects return to the Chevrolet Impala and the vehicle drives from the scene,” Mitchell and Angelucci alleged in the arrest affidavit.

Approximately 30 minutes later, at 9:46 p.m., Diaz-Ayala arrived at Temple University Hospital, allegedly transported by Montalvo-Fernandez, and was treated for a stab wound, according to court papers.

Cellphone records placed Diaz-Ayala and Montalvo-Fernandez in the area of the Cherry Street residence at the time of the alleged shooting and murder. The investigation, which also involved a grand jury, linked the two men to Mitchell, according to court documents.

Authorities have not revealed the specific nature of the alleged role of each of the men in the incident.

But detectives alleged several masked men forced