Philadelphia prosecutor does not seek death penalty for man accused of killing Temple police officer Chris Fitzgerald

PHILADELPHIA (CBS) – Philadelphia District Attorney Larry Krasner’s office confirmed Wednesday that he will not seek the death penalty against Miles Pfeffer, the young man accused of shooting Temple University police officers. Sergeant Chris Fitzgerald in February 2023.

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

Late Wednesday morning, Dustin Slaughter of the Philadelphia District Attorney’s Office said the decision not to seek the death penalty for Pfeffer was made “after extensive, hours-long deliberation by Officer Fitzgerald’s family and by experts.”

“The family’s input is greatly appreciated and was carefully considered by the committee and DA Krasner prior to its decision. The DAO looks forward to continuing to support the family’s needs and vigorously prosecute this horrific murder,” Slaughter said.

“We recognize and appreciate the opportunity our family had to be 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. “While nothing can replace my husband or your loved ones, we must continue to fight for them and for change.”

The family’s 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.

Krasner has long opposed the death penalty and ran for office in 2017 on an anti-death penalty platform, according to the Associated Press. On February 16, 2023, just two days before Fitzgerald’s death, Krasner released a lengthy statement in support of Pennsylvania Governor Josh Shapiro’s announcement that he would not issue enforcement orders during his term of office.

“Pennsylvania should accept the position that New Jersey’s attorneys general took over a decade ago: that abolishing the death penalty and using the money wasted on it for other things will make us safer than the death penalty ever did,” he said, among other things.

Krasner was Re-election 2021 after he campaigned for criminal justice reform and the abolition of excessively harsh penalties.

“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.”

In a social media post Wednesday, the Temple University Police Association said Krasner’s decision not to seek the death penalty for Pfeffer was “absolutely devastating news for the Fitzgerald family and police officers across Philadelphia.”

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.

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 shot 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.”