Fight outside Philly cheesesteak shop led to fatal shooting: video


Two men traded blows outside a Philadelphia cheesesteak shop during a brutal fight before one was fatally shot, disturbing new video shows.

The July 22 footage obtained by NJ.com shows what led up to fatal shooting of David Padro Jr., 23, outside Pat’s King of Steaks, where a beef with another customer, Paul Burkert, 36, turned deadly during a squabble that witnesses said started over a parking spot.

The footage shows Padro charging into Burkert, who then shoves the Camden, New Jersey, man away before they exchange punches as witnesses look on.

Padro gets Burkert, of Reading, Pennsylvania, into a headlock at one point before the two men go off-camera. A single gunshot is then heard, striking Padro in the lower back, according to the footage, provided by Burkert’s attorney, Chuck Peruto.

Pat's King of Steaks, in Philadelphia.
The shooting took place outside of Philadelphia’s famed Pat’s King of Steaks.
Alamy Stock Photo
Fight outside Pat's King of Steaks.
David Padro, Jr. charged into Paul Burkert, the two men exchanged punches, and Padro puts Burkert into a headlock.

Burkert has been charged with murder, reckless endangering, weapons offenses and other counts in Padro’s death. Peruto said his client intends to argue that he acted in self-defense during the fatal fight.

The gunshot was a “necessary action to prevent serious bodily injury,” Peruto said.

Paul Burkert.
Paul Burkert was carrying a gun without a permit and his lawyer says the shooting was an act of self-defense.
Philadelphia Police

“He had blood on his shirt, his belt buckle, pants, socks and shoes,” Peruto told NJ.com. “That’s all my client’s blood.”

Peruto acknowledged that Burkert was carrying a gun without a permit and “only ran from Pat’s because a crowd was gathering” at the well-known cheesesteak joint. He later surrendered to police, Peruto said.

Padro’s father, David Padro Sr., said his son and girlfriend had stopped at the shop to get food before planning to go to a nightclub. He dismissed accusations that his son of instigated the fight, which initial reports indicated had started over football.

“[Peruto] is making it seem more that my son was the aggressor and David was nothing like that,” Padro Sr. told NJ.com. “The guy was illegally carrying a firearm and that wasn’t acceptable. That was a regular wrestling fight. The guy was being a coward … We need justice.”

Funeral services for Padro are set for Thursday in Pennsauken. An online fundraiser set up in his memory has surpassed $10,000 as of Wednesday.

“David’s parents and siblings are all suffering now for the loss of David Padro Jr. from gun violence that has taken over Philadelphia streets,” the website reads. “My brother David Padro Jr. was murdered. No one has planned for something like this to happen.”

David Padro, Jr.
David Padro, Jr. was shot in the lower back.
GoFundMe

With Post wires

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