Philly DA Larry Krasner will not seek death penalty for Miles Pfeffer in Temple police officer’s death

Prosecutors in Philadelphia announced Wednesday morning that they will not seek the death penalty for Miles Pfeffer, a Bucks County man charged with the premeditated murder of Christopher Fitzgerald, a Temple University police officer who died last year.

In response, Fitzgerald’s family – which has long advocated the death penalty for the 19-year-old – sharply criticized District Attorney Larry Krasner, saying he had “tipped the scales of justice in one direction.”

Fitzgerald’s father, Joel, said in a statement: “Instead of rewriting the already flawed script of Crime and Punishment, (Krasner) allowed hubris and a deep contempt for police officers to cloud his judgment.”

“Krasner cannot detach himself from his years as a criminal defense attorney,” he added.

Fitzgerald’s family said they were informed of Krasner’s decision late Tuesday by Joanne Pescatore, chief of the homicide unit, hours before the deadline to notify Judge Barbara A. McDermott.

The family accused Krasner of not allowing them to speak to him directly to appeal his decision.

Dustin Slaughter, a spokesman for Krasner, said the decision not to seek the death penalty was “consistent with his oath to seek justice and uphold the law.” The decision, Slaughter said, was made with input from Fitzgergald’s family and legal experts.

“The members of the DAO committee that reviews potential death penalty cases include attorneys with hundreds of years of combined experience in murder and other criminal trials and appeals,” Slaughter said. “They reviewed all aspects of the case itself and all available information about the defendant before making their recommendations to DA Krasner, who made the final decision.”

At a hearing Wednesday morning, Pescatore said she filed the formal notice of the decision not to impose the death penalty at 7:30 p.m. Tuesday. In response to a question from McDermott, Pescatore said there had been no negotiations with Pfeffer’s lawyers about a settlement.

That decision is up to Krasner, she said.

Joseph Marrone, a lawyer for the Fitzgerald family, said Wednesday that given Pfeffer’s actions, the death penalty was justified.

“This sends a message to law enforcement: ‘We don’t have your back,’ and that’s troubling,” Marrone said. “(Krasner) is an elected official. You can’t run a justice system based on personal beliefs.”

Prosecutors have said that Fitzgerald, 31, spotted Pfeffer and two others wearing black clothing and face masks near 18th Street and Montgomery Avenue on Feb. 13, 2023. The area had seen numerous car thefts and robberies recently, and Fitzgerald radioed his supervisor that he was going to stop a pedestrian.

Pfeffer fled and Fitzgerald chased him. After a brief struggle, police said, Pfeffer pulled out a gun and shot Fitzgerald multiple times, killing him. Pfeffer whisked a nearby man away into his car and fled to his mother’s home in Buckingham Township, Bucks County, police said. He was arrested there hours later.

Pennsylvania has a moratorium on the death penalty, enacted by former Governor Tom Wolf. Krasner has made it clear that he does not support the death penalty and supports Governor Josh Shapiro’s efforts to abolish it in Pennsylvania.

Coincidentally, Shapiro made this announcement two days before Fitzgerald’s assassination.

The Temple University Police Association called Fitzgerald a hero and said Krasner’s decision was “devastating news for the Fitzgerald family and police officers across Philadelphia.”

Pfeffer must return to court for another hearing at the end of the month.