Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
After it was official that the son of Allentown's police chief was acquitted of all charges related to a confrontation last August that involved a gun, Chief Joel Fitzgerald mouthed the words, "Thank you."
His son, Christopher, held back tears as the Lehigh County jury of eight men and four women found him not guilty of simple assault and reckless endangerment charges Monday night. Fitzgerald was accused of pointing a gun at two undercover detectives.
The 23-year-old Fitzgerald shook his father's hand, then hugged his mother, Pauline, and his sobbing girlfriend.
As family, friends and supporters hugged defense attorney Jack McMahon or shook his hand, on the other side of the courtroom, detectives Christopher Cruz and Todd Frey showed no emotion.
County First Assistant District Attorney Steve Luksa said he had no comment following the verdict.
"I'm thrilled for this young man. I'm just very happy for him and his family," McMahon said.
Outside the courthouse, Christopher Fitzgerald said he will "absolutely" try to go back to his job at Lehigh County Jail, which his lost when he was charged. Fiztgerald said he also will continue his goal to become a police officer, following in his parents' footsteps.
"God is good. God is good. That's all I've got to say," Fitzgerald said with his arm around his girlfriend, his parents standing behind him.
"And your lawyer, too," McMahon said, drawing laughs from the family.
Joel Fitzgerald said he plans to continue his work as police chief of Allentown.
"Quite frankly, today is just a testament to juries here in the Lehigh Valley. This jury listened. They understood. They asked questions," Joel Fitzgerald said, adding that they eventually exonerated his son.
Christopher Fitzgerald, who was living in Allentown at the time and now lives in Philadelphia, was driving his girlfriend to work at the Olive Garden off Grape Street on the evening of Aug. 29, with the couple's 1-year-old son in the back seat.
The 23-year-old Fitzgerald has claimed a car tailgated him as they traveled from Sixth Street in Allentown, to Greenleaf Street to Seventh Street. Fitzgerald claimed a man later identified as Frey opened his passenger side door, and that was when Fitzgerald grabbed his loaded gun from under the driver's seat.
Fitzgerald consistently denied pointing the gun at the detectives.
The verdict came after the jurors had four questions about the simple assault charges; the last two concerning if they could consider Fitzgerald's frame of mind and self-defense.
Judge Kelly Banach had consistently denied McMahon's efforts before deliberations to allow the jury to consider self-defense in the case, leading up to a yelling match on Friday.
But after the juror brought up self-defense in their deliberations, McMahon argued the jury should be allowed to consider his client's frame of mind, while Luksa said his emotional state was not an element for the criminal charges.
"I do think it's the totality of the circumstances," Banach said. Luksa then agreed the jury should be instructed on justification.
In an odd turn of events, the jury initially had seven men and five women. They began deliberating Monday afternoon, but the judge called them back two hours later and dismissed them for the day, saying one of the jurors had a previously scheduled event for her child.
The jurors left the courtroom, but were then brought back when some indicated they would like to keep deliberating. The one juror was dismissed, and the judge tapped the last alternate to join the jury and they began deliberating once again.
The verdict was announced about 8 p.m. Monday.