Miles Pfeffer trial Day 2: Brother of man charged with fatally shooting Temple police officer testifies

The trial for Miles Pfeffer, the Bucks County man accused of fatally shooting a 31-year-old Temple University Police Sergeant, continued into day two.

What we know:

Pfeffer is charged with the first-degree murder of Sergeant Christopher Fitzgerald, among other crimes.

"We got a judge that’s trying be balanced and fair and we appreciate that, all we wanted was a fair shake," said Dr. Joel Fitzgerald, Sergeant Christopher Fitzgerald’s father.

Testimony on Tuesday included Pfeffer’s younger brother, Dean, who was with him the night of the alleged murder, along with the boys’ friend. Dean was 16-years-old at the time of the crime, but is now 18-years-old.

Dean and the boys’ friend described the ordinary day they had on February 18, 2023--leaving Pfeffer’s father’s home in Strawberry Mansion, visiting an art store and the Fashion District in Center City, walking on Temple University’s Campus, and ending up at a convenience store on Cecil B. Moore Avenue, before 7 p.m., where Pfeffer’s friend testified he bought drinks and a cigarette.

It was by the convenience store where the prosecution says Sergeant Fitzgerald slowed down in his vehicle as he spotted the boys, who were dressed in hoodies and face masks, and they started to run. Dean testified they were dressed that way because it was cold, and it’s "typical Philly style."

Dean said he tried to keep up with his brother as he ran ahead, but he ran out of breath and stopped in a backyard on Bouvier Street. Dean testified less than a minute later, he heard six to seven gunshots. Dean says he never saw or talked to his brother that night after he lost him when turning down Bouvier Street.

Related

Slain Temple officer Chris Fitzgerald was patrolling area alone the night he was killed, officials say

Authorities say Officer Fitzgerald was on patrol alone the night he was fatally shot. According to police, he originally engaged with the suspect and two other teens after they were spotted in masks and dark clothing in an area that has seen an uptick in robberies.

The prosecution says surveillance video, played several times in court on Tuesday, captures the audio of a struggle between Sergeant Fitzgerald and Pfeffer, and it shows Pfeffer shoot him three times, which caused him to collapse, and three more ties as he laid on the ground.

After the fatal shooting, the prosecution says Pfeffer went through Sergeant Fitzgerald’s pockets, then carjacked a passing car.

The carjacking victim also testified in court on Tuesday. He says a man ran up to him, yelling, "Bro, bro, bro!" He said he stopped and turned around and saw the man pointing a gun at him, asking for his keys. The victim testified that the armed man yelled, "Give me your keys or I’ll kill you, I swear to God!"

The prosecution says Pfeffer got into a crash in the stolen car and ditched it, where it was later recovered, about five blocks from his father’s home.

Pfeffer’s friend testified that he did not know Pfeffer had a gun on him that night, but said he was "high on drugs" and doesn’t remember a lot.

Pfeffer’s attorneys had limited cross-examination with the prosecution’s witnesses on Tuesday. In opening arguments on Monday, they said Pfeffer was scared and reacted out of fear, arguing he did not commit pre-meditated, first-degree murder.

What's next:

The prosecution is expected to call their additional witnesses on Wednesday and provide closing arguments. The defense has not said whether Pfeffer will take the stand.

Dr. Fitzgerald said he cannot say if he would like to see that.

"It’s going to be really up to his attorneys to talk to him about it and whatever his decision is. However, we just ask that everyone be forthright and honest and let’s get this case in the hands of the jury," he said.

The jury could begin deliberations as early as Thursday.

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