NORRISTOWN — The lawyer for a Philadelphia man awaiting a new trial for his suspected role in the fatal shooting of a man on the Schuylkill River Trail in West Norriton wants to withdraw from the case, citing the potential for a negative relationship.
Defense lawyer Dennis P. Caglia has asked a Montgomery County judge for permission to stop representing Marquise Alexander Johnson, explaining that he gave suggestions that were not considered and that Johnson may not have complete confidence in him.
“Counsel claims there is now a possibility of a negative relationship between defendant and petitioner if representation continues. This could lead to irreconcilable differences between defendant and petitioner,” Caglia wrote in the court documents.
It’s uncertain whether Judge William R. Carpenter will schedule a hearing on Caglia’s request.
If Caglia is allowed to withdraw from the case, Johnson’s retrial, set to start on June 3, may be delayed so that another lawyer can familiarize themselves with the case.
Johnson, 24, of the 500 block of East Johnson Street, Philadelphia, and Cody Kavon Reed, 24, of the 300 block of West Marshall Street, Norristown, are awaiting a retrial on charges of first-, second-, and third-degree murder, robbery and conspiracy to commit murder and robbery in connection with the alleged 9 p.m. March 2, 2023, robbery and gunshot slaying of former Reading resident Daquan Tucker, 25, who resided along Rogers Road in Lower Providence at the time of his death.
The retrial was ordered after a jury in February was deadlocked at the original trial for the two men. After hearing testimony over four days and deliberating eight hours over two days, a jury of seven women and five men informed the judge that it was “hung and no further deliberations will help.” The jurors did not reveal the exact split.
Carpenter declared a mistrial and prosecutors vowed to retry Johnson and Reed.
Caglia was privately hired by Johnson as his lawyer.
Reed is represented by defense lawyer Brendan Michael Campbell, who was appointed by the court.
Assistant District Attorney Kathleen Alane McLaughlin and co-prosecutor Caitlin Faith O’Malley are handling the case.
A conviction of first-degree murder, an intentional killing, or second-degree murder, a killing that occurs during the course of another felony such as robbery, carries a mandatory sentence of life in prison. A conviction of third-degree murder, a killing committed with malice, carries a possible maximum sentence of 20 to 40 years in prison.
During the original trial, McLaughlin and O’Malley alleged Reed and Johnson had a plan to take Tucker to the popular recreational trail to “execute” him.
Although there were no witnesses to the killing and no gun was found and the person who fired the fatal shots is unknown, prosecutors argued that circumstantial evidence indicated Reed and Johnson were the killers. Reed and Johnson were charged with homicide under accomplice liability theories.
Prosecutors claimed Tucker was robbed of his wallet and cellphone during the deadly encounter.
But Campbell argued that even though all three men were hanging out together at some point that night, there is no DNA, fingerprint, or gun evidence linking Reed to Tucker’s death.
Caglia argued that prosecutors didn’t have enough evidence to show there was an agreement between Johnson and Reed and suggested Tucker lived “a dangerous life” and could have been targeted by someone else.
The investigation began about 9:03 a.m. March 3, 2023, when a citizen riding his bicycle along the Schuylkill River Trail on the border of Norristown and West Norriton called 911 to report seeing a body in a wooded area between the trail and the Schuylkill River, according to the criminal complaint filed by county Detective John Wittenberger and West Norriton Detective Mark Wassmer.
Arriving officers found Tucker “lying in the wooded area down a steep embankment, approximately 100 feet from the trail,” with apparent gunshot wounds. Detectives recovered two .40-caliber fired cartridge casings in close proximity to Tucker, court documents indicate.
Detectives testified the casings were fired from the same unknown firearm.
Testimony revealed a female friend of Tucker’s called Tucker's brother in the early morning hours of March 3 because she was worried that Tucker didn't arrive at the residence they shared as planned by 11 p.m. on March 2 and that he was missing. The woman, who was dating Tucker, subsequently told detectives she believed a man named “Cody” sent an Uber to their residence for Tucker earlier, and Tucker left in the Uber and hadn’t been seen since then, according to testimony.
Witnesses said when they checked Tucker’s location on the “Find My iPhone” feature it indicated his location was on the Schuylkill River Trail near Norristown between 8:57 p.m. and 9 p.m. on March 2, in the exact location where his body was eventually found. A check of Tucker’s cellphone location at 10:06 p.m. on March 2 indicated it was in the area of the 1000 block of West Airy Street, authorities said.
Detectives obtained video surveillance footage that showed Tucker arriving at Reed’s residence a little after 7 p.m. on March 2. Surveillance footage at 8:39 p.m. showed Reed, Tucker, and Johnson, all of whom knew each other, walking toward the Schuylkill River Trail, according to court papers.
“The three then walked to a secluded area of the Schuylkill River Trail in West Norriton Township where Tucker was shot numerous times and killed and his property removed from him,” Wittenberger and Wassmer alleged in the arrest affidavit.
Video cameras recorded Reed and Johnson walking along West Airy Street at 10:06 p.m., the same location and time that witnesses previously informed detectives the “Find My iPhone” feature located Tucker’s phone. Investigators claimed Reed and Johnson had Tucker’s cellphone after he was shot and killed.
At 10:21 p.m., video cameras showed Reed and Johnson going back to Reed’s apartment on West Marshall Street, as stated in the arrest affidavit.
