PHILADELPHIA (KYW Newsradio) — The family of slain Temple University police officer Christopher Fitzgerald have filed a wrongful death lawsuit against the defendant accused of killing him, his parents and his mother’s boyfriend. They claim the adults around 18-year-old Miles Pfeffer were negligent.
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“This horrific and tragic act of barbarism could and should have been prevented by those closest to Defendant Miles Pfeffer,” according to the lawsuit, which alleges Pfeffer, his father and mother, and his mother’s boyfriend were ultimately responsible when Temple University police officer Christopher Fitzgerald was shot in the line of duty in February.
“They had a duty, and they had a responsibility, and that responsibility was to make sure that that Miles did not have access to firearms, didn't do any criminal acts, didn't continue this erratic behavior, and that they allow that to continue to happen, therefore they breached their duty, as parents or guardians,” said Joseph Marrone, the attorney representing Fitzgerald’s family.
The suit, filed in Philadelphia’s Court of Common Pleas, alleges they “had detailed knowledge of [Pfeffer’s] mental instability, propensity for violence and strong interest in possessing and using firearms” and that he “showed signs, again and again, that he presented a high risk of harm to himself and those around him.”
The suit also alleges that Pfeffer has a lengthy juvenile record, showing “erratic, anti-social and dangerous behavior.”
Marrone said, “There has been information that there's been guns at the home in Bucks County. There’s been instances where Miles has been arrested for some serious charges as a minor, including terroristic threats to blow up school, saying that he had guns at a school. There’s been other encounters with other individuals. So there's a long history with the Bucks County Police Department.”
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The lawsuit states the trio allowed Pfeffer access to firearms and didn’t “properly secure” guns or ammunition — which ultimately led to Fitzgerald’s death.
Marrone said they “failed to protect the community.”
“We know for a fact that shell casings that were found at the scene of the crime where Christopher was killed, also match shell casings and ammunition that were at the home,” he said.
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Pfeffer’s defense attorney had had no comment, and it is unclear if the rest of those named have retained an attorney.
Marrone says Fitzgerald’s family wants to be able to legally access all documents and depose all parties — so they can hold accountable everyone who they believe played a part.
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