Defendant in Phillies fan's beating death pleads guilty and apologizes

October 19, 2011|By Nathan Gorenstein, Inquirer Staff Writer
  • David Sale (left) died after being kicked and beaten by James Groves (center), Francis Kirchner (right), and Charles Bowers.

After the three men accused of killing Phillies fan David W. Sale Jr. pleaded guilty Tuesday to voluntary manslaughter, one defendant interrupted the judge.

He wanted to apologize.

Charles Bowers, 37, of Oxford Circle, turned to the friends and family of the man he admitted beating during a beer-fueled brawl in a stadium parking lot July 25, 2009.

"I'm very sorry for any actions of mine that caused you to lose a family member," Bowers said from the front row in the Court of Common Pleas courtroom, where he stood with his two codefendants. "I can't imagine how hard it's been. I accept full responsibility."

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Codefendant Francis Kirchner, 30, of Fishtown, who delivered the fatal kick, according to court testimony, and was originally charged with first-degree murder, said nothing. The third defendant, James Groves, 48, of Kensington, also kept silent. The official moment for defendants to speak typically comes at sentencing, scheduled for Dec. 20.

As the men pleaded guilty, some of their family members could be heard weeping. About 20 of Sale's friends and family members sat on the other side of the long courtroom benches.

The guilty pleas came at a hearing called to rule on a defense motion to throw out the charges after a mistrial was declared last month.

Instead, Assistant District Attorney Richard Sax said the three would plead guilty to voluntary manslaughter and conspiracy. The maximum penalty is 40 years in prison; Common Pleas Court Judge Shelley Robins New will determine the sentence.

Defense attorneys said state guidelines typically call for four to five years in prison, but two of the defendants - Bowers and Kirchner - have criminal records, which could mean a higher sentence.

Sale's family and friends knew of the plea deal in advance. Sax had a long conversation with the group before and after the hearing. They declined to speak afterward. Robins New has ordered attorneys not to talk to reporters until after sentencing.

The family members will also have an opportunity to address the judge before sentencing.

The three defendants were part of a group bused from Moe's Tavern in Fishtown to the game between the Phillies and the St. Louis Cardinals.

Toward the end of the game, that group and members of a bachelor party that included Sale, 22, of Lansdale, started fighting after drinks were spilled at McFadden's, a sports bar attached to Citizens Bank Park.

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