The Times Herald (Norristown, PA)
Men admit roles in shootout that killed bystander
Edilberto ‘Eddie’ Migues Pelaez Moctezuma was killed while eating Thanksgiving dinner in Arch Street residence in Norristown
NORRISTOWN >> Two men, one from Norristown and another from Philadelphia, will spend decades in prison after they admitted to their roles in a shootout that resulted in the death of an innocent bystander who was eating Thanksgiving dinner in his Norristown residence.
Kevon Clarke, 21, of the 200 block of East Basin Street, Norristown, pleaded guilty in Montgomery County Court on Monday to charges of third-degree murder and recklessly endangering another person and was sentenced to 20 to 40 years in prison in connection with the Nov. 25, 2021, gunshot slaying of Edilberto “Eddie” Migues Pelaez Moctezuma, who was eating Thanksgiving dinner in his Arch Street residence.
Savian Dashawn “Dexx” Creary, 19, of the 1100 block of Anchor Street, Philadelphia, pleaded guilty to charges of third-degree murder and conspiracy to commit murder, specifically targeting Clarke, and was sentenced to 25 to 50 years in prison.
Judge William R. Carpenter sentenced the men as part of plea agreements.
“This was a wild west shootout that these guys
orchestrated on the streets of Norristown over some minor beef. It’s a senseless act of violence and unfortunately a bystander who had nothing to do with this ended up being the one who paid the ultimate price for this,” Assistant District Attorney Tanner Beck said after the court hearing.
The father and sister of Pelaez Moctezuma expressed their grief during the hearing.
“They are going to be reminded of this every single time they have a holiday. He was an important part of their family,” said Beck, who prosecuted the case with Assistant District Attorney Gabrielle Hughes.
By pleading guilty to third-degree murder, a killing committed with malice, Clarke and Creary avoided potential convictions of firstdegree murder, which is punishable by life imprisonment, at a trial.
Defense lawyer Gregory DiPippo represented Clarke. Defense lawyer Lonny Fish represented Creary.
Clarke and Creary were scheduled to face trial this week with one other alleged co-defendant, Tymere Robert “Brady” Parker.
Parker, 20, of the 1100 block of East Sanger Street, Philadelphia, will face a trial on charges of firstand third-degree murder and conspiracy to commit murder.
Jury selection for his trial will begin on Tuesday and the trial is expected to last more than a week. Defense lawyer Todd R. Fiore represents Parker.
With the help of surveillance video from the area of the shooting and an analysis of the bullet hole in the window of the Arch Street residence, detectives determined the shot that was fired into the residence, killing Pelaez Moctezuma, came from Clarke’s shooting location.
Creary and Parker also were observed in the surveillance video running from the shooting scene, authorities alleged.
Specifically, with the charges, prosecutors alleged Creary and Parker, who also faced charges of conspiracy to kill Clarke, went to the area of Clarke’s residence with the intent to harm Clarke. When Clarke came outside, Creary and Parker allegedly fired gunshots at him and as Clarke fled on foot he turned around and fired multiple shots from a handgun in the direction of Creary and Parker, near the intersection of Basin and Arch streets.
Kevon Clarke is escorted by a sheriff’s deputy to a Montgomery County courtroom for pretrial hearing.
A total of 20 gunshots were fired by the three men during the shootout, prosecutors alleged.
During the shootout, a bullet went through the window of a residence in the 1100 block of Arch Street, killing Pelaez Moctezuma who was seated inside eating Thanksgiving dinner.
The men were charged with homicide under the legal theory of so-called “transferred intent,” which prosecutors use when a defendant allegedly intends to kill one person but instead inadvertently causes the death of a second, different person. Under state law, the intent transfers from the intended victim to the actual victim.
The investigation began about 9:28 p.m. Nov. 25 when Norristown police responded to a residence on Arch Street for a report of a man suffering a gunshot wound. Arriving officers found an unresponsive
Pelaez Moctezuma, 25, inside the residence with a gunshot wound to his torso, according to the criminal complaint filed by Norristown Detective Stephen Sowell and county Detective John Wittenberger.
“According to family members, Pelaez Moctezuma was sitting and a projectile came through a window and struck him,” Sowell and Wittenberger alleged in the criminal complaint, adding Pelaez Moctezuma was airlifted to an area hospital where he was pronounced dead at 10:29 p.m.
Pelaez Moctezuma was not involved in the shooting and was sitting at a table eating Thanksgiving dinner, authorities said.
Investigators located seven .40-caliber fired cartridge casings and one live .40-caliber round across the street from a residence in the 200 block of East Basin Street and five 9mm fired cartridge casings in front of the Arch Street residence, according to court papers.
The investigation determined that the shooting was connected to a dispute that occurred at a Thanksgiving dinner party at a residence in the 100 block of Haws Avenue, where four individuals, including Clarke and his girlfriend, Jacqueline Brown, were asked to leave following a dispute.
Creary, who is Brown’s exboyfriend, and Parker also were involved in the dispute at the party, authorities alleged. A witness told detectives that “there was tension between Creary, Parker and Kevon Clarke at the party” on Haws Avenue, according to court papers. A witness claimed Creary and Parker both possessed firearms at the party.
The investigation found that Brown and Clarke returned to Clarke’s residence on East Basin Street.
Following their departure, alcohol was discovered missing and it was suspected to have been taken by individuals friendly with Brown, according to the criminal complaint. Brown was texted about the missing alcohol by her cousin, who had also been at the party, according to authorities.
Arrangements were made to return the alcohol outside of Clarke’s residence on East Basin Street, turning it over to the cousin, according to court papers.
The cousin initially told detectives she doubleparked her car outside the residence, saw Clarke exit the residence brandishing a gun and quickly drove off, according to court papers. The woman told authorities she heard multiple shots fired as she fled.
The cousin claimed Clarke later called her on a cellphone and shouted, “You trying to set me up, you could have got me (expletive) killed,” and then threatened to “bang up your crib,” which the cousin took to mean shoot into her residence, according to the arrest affidavit.
The cousin later admitted under oath during a court proceeding that Creary and Parker had also been in her car and that she dropped them off, prior to the shooting, on DeKalb Street close to Basin Street and then picked them up after the shooting.
“One of the occupants of the vehicle asked Creary and Parker why they were shooting and one of them stated, ‘He shot first,’” detectives wrote in the arrest affidavit.
Detectives alleged video surveillance footage showed Clarke running northbound on Arch Street from the 200 block of East Basin Street. During the same time, surveillance footage showed two other males running east on East Basin Street.
“As the video continued… Clarke turned around and fired multiple shots from a handgun in the direction of the intersection of Basin and Arch streets,” detectives alleged.
An autopsy determined Pelaez Moctezuma died from a single gunshot wound to the torso and the manner of death was homicide.