Norristown man wins bid for separate trial from 2 co-defendants in shootout that killed bystander

Brandon Dontay Darden, 26, to face a jury trial in September

NORRISTOWN » A Norristown man accused of homicide-related charges in connection with an alleged shootout between several men that resulted in the death of an innocent bystander caught in the crossfire has won his bid for a separate trial from two others charged in the incident.

Montgomery County Judge William R. Carpenter granted a request by Brandon Dontay Darden, 26, of the 300 block of Center Avenue, to sever his case from that of two other Norristown men, Edwin IslasCruz and Joshua M. Agudio Jr., in connection with the Sept. 18, 2021, shootout in the 600 block of Astor Street that killed 51-yearold Barry Fields, who was not involved in the shooting and was sitting on the steps of his residence.

Darden, Islas-Cruz and Agudio originally had been scheduled to stand trial together on Oct. 17 on charges of first- and third-degree murder and person not to possess a firearm.

However, during a pretrial hearing, defense lawyer Francis M. Walsh argued that much of the evidence proposed by prosecutors does not apply to Darden and that such evidence would be unfairly prejudicial to Darden in front of a jury.

“The basis for these charges was ill will that Josh Agudio had with friends of Islas-Cruz,” Walsh wrote in court papers, suggesting there was a risk Darden would be prejudiced by evidence submitted against Islas-Cruz and Agudio.

Prosecutors who opposed severing the cases argued in court papers that evidence of the circumstances surrounding the fatal shooting should be admissible as the complete story “and because jurors will be able to clearly distinguish evidence as it relates to (Darden) apart from his codefendants, there is no undue prejudice to (Darden) by a joint trial.”

Although prosecutors are not alleging he had the same motive as codefendants Islas-Cruz and Agudio, “the evidence of the codefendants’ motive is directly relevant to show (Darden) was not involved in the dispute leading to the shooting but instead involved himself once the shooting began, leading to the death of the victim,” Assistant District Attorney Samantha Cauffman and coprosecutor Gwendolyn Kull argued in court papers.

With the charges, prosecutors alleged Darden entered the fray of a shootout and prolonged the battle that ultimately resulted in the death of Fields.

Carpenter scheduled the separate trial for Darden to begin on Sept. 6 with jury selection.

Islas-Cruz, 23, of the 100 block of West Fornance Street, and Agudio, 20, of the 1000 block of Forest Avenue, will face trial together on Oct. 17.

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 5:21 p.m. Sept. 18 when Norristown police were dispatched to the 600 block of Astor Street after a 911 caller reported hearing about 20 gunshots. Responding officers found Fields deceased and lying on the sidewalk in front of his residence, according to the criminal complaint filed by county Detective William Mitchell Jr. and Norristown Detective Joshua Keenan.

Witnesses, video surveillance and physical evidence determined that two males, Islas-Cruz and an unidentified accomplice, drove onto the block in a Toyota Camry, exited the vehicle and began firing shots north on Astor Street, where a group of males, including Agudio, was gathered, according to court papers. The investigation determined there was an ongoing dispute between Islas-Cruz and Agudio, according to court documents.

Two of the men who had been hanging out in the area, identified as Agudio and Darden, returned fire, authorities alleged.

In court documents filed in June, prosecutors alleged that during the shootout Darden took cover behind a car but then inserted himself back into the gun battle towards the end of the shooting, firing numerous shots in the direction of Islas-Cruz and the unintended victim.

After the burst of gunfire, the two men who drove onto the block got back into the black Camry and sped away, according to court papers. The investigation determined Islas-Cruz was operating the borrowed Toyota Camry at the time of the shooting.

“Fields was sitting on the steps … when the shots were fired and was struck in the head in the exchange of gunfire,” Mitchell and Keenan wrote in the arrest affidavit.

During an autopsy of Fields, a forensic pathologist noted a single entrance wound to the left side of the face, entering the left cheek and striking the brain stem, according to court papers. The doctor recovered a projectile and ruled the cause of death was a single gunshot wound to the head and the manner of death was a homicide.

Detectives recovered 39 fired 9mm cartridge casings in the block.

“The projectile that killed Barry Fields was fired from the area where Darden and Agudio were positioned and could not have been fired by Islas-Cruz or the other unknown male because Fields was behind them while they were shooting,” detectives alleged in the arrest affidavit.