Victim's friend testifies about deadly Philly brawl

September 16, 2011|By Joseph A. Slobodzian, Inquirer Staff Writer
  • David Sale , from a yearbook. He was 22 when he died.

As best man for his sister's fiance, Daniel Curran said, he planned everything for the two-day bachelor party: the get-together on the night of July 24, 2009; the next day's trip to see the Phillies play the Cardinals at Citizens Bank Park; and a limousine to take home the 20 to 25 celebrants at the end of the night.

More than two years later, Curran looked haunted as he told a Common Pleas Court jury Thursday how his plans went horribly awry in a bar fight followed by a parking lot brawl outside the ballpark that ended with his best friend dying on the asphalt.

Story continues below.

Ironically, Curran told the jury, David W. Sale Jr. was not even in the wedding party.

"Dave was just going to be there," Sale said, answering Assistant District Attorney Richard Sax.

Curran returns to the witness stand Friday morning as Sax continues the prosecution's case against three men charged with murder in the death of the 22-year-old Lansdale man.

Charles Bowers, 37, of Oxford Circle; James Groves, 48, of Kensington; and Francis Kirchner, 30, of Fishtown, were part of a group bused to the game that day from Moe's Tavern, a Fishtown pub.

Only Kirchner is charged with first-degree murder, for which he faces a mandatory life term without parole if found guilty. Kirchner allegedly gave the fatal kick to Sale's head after he had been pummeled to the ground.

Kirchner's attorney has said he was involved in a different fistfight but never touched Sale.

Unlike Kirchner, Bowers and Groves are free on bail because they are charged with third-degree murder and face prison terms of 20 to 40 years if found guilty.

Curran was the last of five witnesses whose testimony provided sometimes contradictory snapshots of events leading up to and involving Sale's killing.

Sax warned the jury in his opening that the story of what happened on July 25, 2009, will come together piecemeal, not from one witness. Defense attorneys have argued that the disparities show how unreliable eyewitness memories may be in a turbulent event.

Even the incident that purportedly began the bad blood between the bachelor party and the Moe's Tavern group - a seating dispute in Section 305 - came into question when Curran's testimony suggested the possibility of more than one bachelor party.

Curran testified that his party had open seating and that he knew nothing of a dispute inside the park.

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