PHILADELPHIA -- Prosecutors in Philadelphia announced Wednesday morning that they will not be seeking the death penalty against Miles Pfeffer, a Bucks County man charged with first-degree murder in the death of Temple University Police Officer Christopher Fitzgerald last year.
In response, Fitzgerald's family — who have long advocated for the death penalty to be sought against the 19-year-old — delivered a harsh rebuke against District Attorney Larry Krasner, saying he has "tipped the scales of justice one-way."
Fitzgerald's father, Joel, said in a statement that "instead of rewriting an already flawed script on crime and punishment, [Krasner] has allowed hubris and an intense disdain for law enforcement officers to cloud his judgement."Krasner is unable to divorce himself from years as a defense attorney," he added.
Fitzgerald's family said they were notified of Krasner's decision by Joanne Pescatore, chief of homicide, late Tuesday, hours before the deadline to notify Judge Barbara A. McDermott.
The family condemned Krasner for not allowing them to speak to him directly to appeal his decision.
Dustin Slaughter, a spokesperson for Krasner, said the decision not to pursue the death penalty was "consistent with his oath to seek justice and uphold the law." That decision, Slaughter said, was made with input from Fitzgergald's family and legal experts.
"The members of the DAO committee that considers possible death penalty matters include attorneys with a cumulative total of hundreds of years of homicide and other criminal trial and appeal experience," Slaughter said. "They reviewed all aspects of the case itself and all obtainable information on the defendant prior to making their recommendations to DA Krasner, who made the final determination."
At a hearing Wednesday morning, Pescatore said she had filed formal notice of the decision not to purse the death penalty at 7:30 p.m. Tuesday. Pescatore, in response to a question from McDermott, said there have not been negotiations with Pfeffer's attorneys about a plea deal.
That decision, she said, would be up to Krasner.
Joseph Marrone, a lawyer for the Fitzgerald family, said Wednesday that the death penalty is warranted, given Pfeffer's actions.
"This is a message being sent to law enforcement that 'We don't have your back,' and that's troubling," Marrone said. "[Krasner] is an elected official. You can't manage a justice system based on personal beliefs."
Prosecutors have said Fitzgerald, 31, spotted Pfeffer and two others on Feb. 13, 2023, dressed in black clothing and wearing face masks, near 18th Street and Montgomery Avenue. The area had recently experienced a rash of carjackings and robberies, and Fitzgerald radioed his supervisors that he was going to make a pedestrian stop.
Pfeffer fled, and Fitzgerald chased after him. After a brief struggle, police say, Pfeffer pulled out a pistol and shot Fitzgerald multiple times, killing him. Pfeffer carjacked a man nearby and fled to his mother's home in Buckingham Township, Bucks County, police say. He was arrested there hours later.
There is a moratorium on the death penalty in Pennsylvania, enacted by former Gov. Tom Wolf. Krasner has made it clear that he does not support the death penalty, adding his voice to Gov. Josh Shapiro's efforts to abolish it in Pennsylvania.
Coincidentally, Shapiro made that announcement two days before Fitzgerald was killed.
The Temple University Police Association, calling Fitzgerald a hero, said Krasner's decision was "devastating news for the Fitzgerald family and law enforcement officers throughout Philadelphia."
Pfeffer is due back in court for another hearing at the end of the month.
___
(c)2024 The Philadelphia Inquirer
Visit The Philadelphia Inquirer at www.inquirer.com
Distributed by Tribune Content Agency, LLC.
