Anthony K. Mallory, who allegedly planned a Niagara Falls apartment invasion and robbery that resulted in the death of a disabled man who answered the door, pleaded not guilty Wednesday to an indictment charging him as an accomplice to murder.
Mallory, 23, of A Street in the Falls, was ordered held in lieu of $100,000 bail. Niagara County Judge Matthew J. Murphy III gave him until Oct. 19 to hire a lawyer.
Second Assistant District Attorney Mary Jean Bowman said Mallory didn't enter the building at 617 Pine Ave. where Jose Hewitt died April 12, but he was seen in the vicinity.
Mallory was indicted on charges of murder, robbery and attempted robbery under the accomplice liability law.
Police said Hewitt, 59, opened the door to Devante L. Beasley, 18, of Weston Avenue, and Shaquan O. Herbert, 23, of Ontario Avenue.
The men assaulted Hewitt, who died at the scene of a heart attack police blamed on the stress of the incident. He was hit in the head with a gun. Beasley and Herbert then robbed another resident of the building of about $4,000 at gunpoint.
Herbert pleaded guilty Sept. 1 to first-degree manslaughter in exchange for a sentence between 12 and 18 years. Murphy is to choose the number Nov. 30.
Beasley pleaded guilty Sept. 8 to first-degree robbery with a 12-year sentencing limit; his sentencing is scheduled for Oct. 27.
The alleged getaway car driver, Stephanie J. Raymond, 18, of 71st Street, was to have been tried Sept. 18 as an accomplice to murder, robbery and burglary, but the trial was postponed indefinitely at the prosecution's request. The reason for that motion has not been publicly explained.