NORTHAMPTON — A key witness for the prosecution in the case of Steven Malloy, who is on trial for murder in the killing of Joseph Fillio, testified that he saw Malloy pull the trigger after pointing a gun at Fillio’s temple, and that Malloy later told him “It could have been you” and, somewhat oddly, “I’m in the CIA.”

Todd Wilchek took the stand on Tuesday as the first non-police witness in the trial of Malloy, who is facing charges of first-degree murder and unlawful possession of a firearm. Wilchek recalled how on the night of Fillio’s death in December 2021, he had gone to the Wurst Haus bar and restaurant in downtown Northampton to play guitar at an open mic event.

After the event, Wilchek testified, he received a text message from a mutual friend, identified as Chhieng Iv, saying he was nearby with a group of friends to celebrate Iv’s birthday. Wilchek met up with him and the group of friends, identified as Jessica Dupell, Andrew Wadas, Malloy and Fillio, outside The Majestic Bar. The group then walked to the Ye Olde Watering Hole bar for drinks but left after Iv realized he did not have an ID on him, and the group headed to Dupell’s nearby apartment at the corner of Randolph Place and Pleasant Street.

There, Wilchek testified, the group continued to have a “happy, fun, positive” time, listening to music while drinking beer and whiskey and smoking marijuana, though Wilchek said he only drank beer. At one point, Wilchek said he walked into the kitchen where Iv was rolling a marijuana blunt with Malloy and Fillio also in the room.

There, Wilchek testified, he saw Malloy pull out a gun from his pocket while sitting across from Fillio, and that Malloy asked, “Have you seen one of these before?” before walking very close to Fillio and putting the gun to his temple. Wilchek said Fillio had a “blank expression” on his face before he heard the “pop” of the gun go off and Fillio collapsed to the ground.

“At this point, I still thought it was a prank or a joke, because there was no argument,” Wilchek testified. “Then all of a sudden I saw blood pouring out of Joe’s head.”

Wilchek described feeling shocked after witnessing the event, before Dupell entered the room and reality set in, with Wilchek describing a chaotic scene of yelling and screaming before he decided to leave. He told the court he headed for the nearby bike trail off Pleasant Street before he saw Iv and Malloy coming toward him, followed by Dupell, who Wilchek described as acting “very upset.”

After Wilchek asked if they were going to call the police, he alleged that Malloy responded with, “No one’s calling the police. This could just have easily been you,” followed by the cryptic statement, “I’m in the CIA.”

Wilchek described his state of mind at the time as nervous, afraid and worried. Not wanting to go home, he said he went to Bishop’s Lounge and ordered a beer to calm his nerves, before realizing he needed to go to the police. He returned to Dupell’s apartment, where police were present, and told them what he had seen.

Wilchek will be back in court Thursday for a cross-examination by Malloy’s attorney, Joseph Perullo. Perullo said during his opening statement on Tuesday that his client had not been the one to pull the trigger, and implied that Fillio may have taken his own life that night.

Before Wilchek’s testimony, the jury also heard testimony from Matthew Knowlton, a Northampton police officer who was the first to arrive on the scene of the shooting. Knowlton said he was driving his cruiser near the intersection of Pleasant Street and Randolph Place when he saw two figures, identified as Wadas and Dupell, come toward his cruiser. Assistant District Attorney Matthew Thomas played footage taken from the police cruiser that showed this moment in time.

“He [Wadas] started banging on the window,” Knowlton said. “He was really trying to get my attention.”

Knowlton testified that when he exited the cruiser, he recalls Wadas pointing and yelling “Go get him,” referring to Malloy.

On cross-examination, Perullo asked Knowlton several questions about the crime scene following Fillio’s death. He asked Knowlton if he had seen a cat or any signs of a cat such as a litterbox or cat food, with Knowlton responding that he had not. He also asked Knowlton if Fillio was tall, with Knowlton responding in the affirmative and saying Fillio was taller than he was.

The trial continues Thursday at 9 a.m. at Hampshire Superior Court.

Alexander MacDougall can be reached at amacdougall@gazettenet.com.