PHILADELPHIA (KYW Newsradio) — Philadelphia prosecutors will not pursue the death penalty for the man charged with first-degree murder in last year’s shooting death of Temple University Police Sgt. Christopher Fitzgerald.
Prosecutors made the announcement during an arraignment for 19-year-old Miles Pfeffer Wednesday morning. Pfeffer’s lawyers waived his presence in court and said he pleaded not guilty to first-degree murder.
Pfeffer is accused of gunning down the 31-year-old on-duty officer in February 2023 near 17th Street and Montgomery Avenue in North Philadelphia, then standing over his body and shooting him several more times.
The death penalty is part of Pennsylvania law, though it has not been carried out in the last 25 years.
Joseph Marrone, a lawyer representing Fitzgerald’s family, blasted District Attorney Larry Krasner’s decision, saying the “elected DA should advocate for justice for victims and survivors, not be the impediment.”
Marrone said the Fitzgerald family had prior meetings with Krasner, but instead of calling them himself to inform them of his decision, a District Attorney’s Office supervisor called them late Tuesday night. And, when they tried to speak with Krasner, Marrone said he refused to talk to them.
“He is an elected official. You can’t manage a justice system based on some individual beliefs. We respect his beliefs, like we respect other people’s beliefs, but he has a job to do as the district attorney,” Marrone said. “When there is evidence where the death penalty should be sought, it’s your job to see it happens, and that’s really what it comes down to.
“Christopher was already incapacitated on the ground, and it was the defendant who then continued his crimes and took a service revolver and basically shot into Christopher,” Marrone continued. “If that doesn’t elevate to aggravating factors to at least warrant the death penalty, I don’t know what does.”
In a statement, the District Attorney’s Office said the decision not to seek the death penalty “was made after extensive input” from Fitzgerald’s family and 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,” the statement reads. “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. The input of the family is deeply appreciated and was carefully considered by the committee and DA Krasner prior to his decision.”
If convicted of first-degree murder, Pfeffer would face a life sentence in prison.