Family of slain Temple police officer Chris Fitzgerald says prosecutor Krasner will not seek death penalty for suspected shooter

PHILADELPHIA (CBS) – The family of the Temple University police officer Sergeant Chris Fitzgeraldwho was killed in the line of duty in February 2023, said in a statement that Philadelphia District Attorney Larry Krasner does not intend to seek the death penalty for suspected shooter Miles Pfeffer.

The statement, released early Wednesday morning by the Marrone law firm on behalf of the Fitzgeralds, said Krasner had informed the family after a year and a half that he would not seek the death penalty for The 19-year-old Pfefferand rejected the family’s request to appeal this decision directly to the public prosecutor’s office.

CBS News Philadelphia has reached out to Krasner’s office for comment.

“We recognize the opportunity and appreciate that our family was able to have their voices heard. Christopher’s murder has sparked national interest and we are committed to the thousands of families who are unable to obtain similar justice,” Fitzgerald’s wife Marissa said in the statement. “We stand in unity and prayer with them as they endure similar pain and trauma. While nothing can replace my husband or your loved ones, we must continue to fight for them and for change.”

The statement further criticized Krasner for not allowing a judge or jury to consider the death penalty after hearing the evidence and testimony presented in the case.

“Although the death penalty is not part of some people’s religious or personal beliefs, we respect the law and all legal penalties associated with it,” said Pauline Fitzgerald, Chris’ mother. “Before this evening, we prayed that the justice system would work and that the fate of my son’s killer would be decided by a judge or jury using all available options.”

According to a statement from the Marrone law firm, the Fitzgeralds are demanding that Krasner be removed from his position as district attorney and are asking Pennsylvania Attorney General Michelle Henry to refer the case to Special Prosecutor Michael Untermeyer.

Pfeffer is scheduled to be officially arraigned on Wednesday at 9 a.m.

Officer Fitzgerald was fatally shot on the night of February 18, 2023, following a robbery near Temple University. Known as “Fitz” Fitzgerald left behind his wife and four children as well as numerous friends and relatives. He was posthumously promoted to Sergeant during his funeral service.

Pfeffer, who was 18 at the time, allegedly shot Fitzgerald in the head after Pfeffer and his brother were approached by police officers. According to court documents, a brief chase led to a struggle before Pfeffer began shooting at Fitzgerald.

A criminal complaint said Pfeffer continued to shoot Fitzgerald while standing over him. The scene was captured by several surveillance cameras.

After a court hearing in January 2024, Fitzgerald’s family said they wanted the death penalty for pepper.

“We want to make sure justice is done,” Fitzgerald’s father, Joel Fitzgerald Sr., said at the time.

In a statement released Wednesday, Joel Fitzgerald, a former Allentown police chief and veteran of the Philadelphia Police Department, said, “Krasner cannot move on from his years as a criminal defense attorney and has tipped the scales of justice in one direction.”