Spoiled Sports
Why is Philly shouldering the blame for three thugs?
Case in point: A judge orders Fishtown brawlers to stand trial for murder.
There was a symbolic moment at last week’s preliminary hearing into the murder of David Sale Jr., the 22-year-old stomped to death after a recent Phillies game. It came when Judge Thomas Nocella instructed a witness to point to something in the courtroom to represent the distance he was from the attack. The witness pointed toward a guy in the front row.
“About that far,” he said.
The guy in the front row was in his 20s, sporting a bad haircut and a slapshit grin, part of the large Moe’s Tavern contingent there in support of the defendants.
With the packed courtroom’s attention now focused squarely on him, the guy widened his grin and waved his hands as if he was on the left field Jumbotron. His friends laughed and smacked him on the back.
And that’s about as stupid as Philadelphia looks right now with this sad, senseless mess: A young person kicked to death in a crowded stadium parking lot over spilled beer. Quick, everybody wave.
The murdered all claim a piece of this city’s soul and with Sale’s killing there comes a certain degree of collective self-reflection.
Many lamented his death as another blow to the reputation of Philadelphia sports fans, indexing it alongside the booing of Santa Claus and the throwing of batteries. In doing so, they apparently see no danger in lumping a brutal murder into a historical context of moronic fan behavior.
There was a feeling of inevitability and acceptance, and that says something in itself of how we view ourselves. Or, as one fan remarked to the Daily News about the killing, “That’s Philly. It’s going to happen sooner or later.”
Last Wednesday’s hearing represented the first steps of measuring out justice for Sale, and Assistant District Attorney Richard Sax, a 28-year veteran prosecutor who is handling the case for the Commonwealth, had a difficult case to present.
The victim died in the chaotic aftermath of a Saturday afternoon Phillies victory. Potential witnesses had been drinking and baking in the stadium sun and reveling in the excitement of a Jimmy Rollins grand slam when they stumbled onto the deadly parking lot brawl.
Since no one witness could offer a complete blow-by-blow account of the killing, Sax would call a dozen people to the stand.
First, though, he called Assistant Medical Examiner Chase Blanchard.
“Do you have a copy of the autopsy report?” asked Sax.
“Yes,” replied Blanchard.
“Does it contain relevant information concerning Mr. Sale’s demise?” Sax asked.
“Yes, it does,” Blanchard answered.
The list of injuries stretched on for nearly 30 minutes: severe brain trauma; lacerations to the spleen, liver, left kidney and bowels. Sale’s left ear was partially torn off and he suffered a tear in his left vertebral neck artery that was so deep it caused blood to pour into his spinal column—the wound that probably killed him, said Blanchard.
The autopsy photos were reviewed and some in the courtroom turned away at the bruised and broken face staring up from a morgue table.
Over the next six hours, a stream of witnesses including the defendant’s drinking partners, friends of the victim and those with no attachment to either offered fragmented and sometimes contradictory accounts of Sale’s final hours. At the intersections of their stories, a blurry, but believable narrative emerged.
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Letters to the Editor
1. 4832observer said... on Aug 12, 2009 at 08:42AM
“Why the loyalty to these three? This wasn't a small mistake, this was so big and abhorrent that most people would want to distance themselves from these bad actors. If my best buddy made a mistake like this, I'd be hesitant to start a defense fund unless I knew in my heart he was being railroaded. In this case it seems clear that these guys aren't being "framed" and there is a chain of responsibility that leads right to their very inebriated state of mind. They must be really scared and their friends are scared too, because a conviction and punishment is a clear indictment of how wrong their selfish way of thinking is. The damn rules apply to everyone but me, because I won't get caught. Self-entitled, and undeveloped. What do we do, keep them down as long as it isn't happening in my neighborhood. Well, this kind of stuff happens not just in the the finest of those hard-scrabble neighborhoods, there are people like this out in every strata of society. How do we deal with this?”
2. susan said... on Aug 12, 2009 at 10:35PM
“Everyone is deeply saddened by this tragedy. I am confident that everyone involved would like do-over. The moral of the story is to walk away from the fight. Describing the defendants in such derogatory terms is entirely unnecessary. Groves cartoonish features? That he has been sunning himself? Shit he is in jail. Bowers pit bull/damaged, uncontrollably violent? Really? You can see that huh? Francis' scowling birdlike and ANNOYED? This piece is crap. I am so sorry that kid got beat to death....but describing the defendants this way takes away from the facts. Everyone was way too drunk and aggressive. They ALL got caught in a deadly encounter. One mothers son is gone, 3 others are in jail. NO ONE took the high road and walked away. Even the dead kid. How about the bar that served these drunkards way too much alcohol and then bounced them together??? Lots of blame to go around. Starting with the concept that getting stupid drunk at the baseball game is to be tolerated.”
3. frankdatank said... on Aug 12, 2009 at 10:49PM
“A total one-sided story of that happened. My boys will all get a short bid due to the liberal laws in our great US of A. I'll have a beer waitin for ya when you'z get out.”
4. Fishtowner4life said... on Aug 12, 2009 at 11:02PM
“The author clearly should have reserved his opinions but the facts of this brutal murder speak for themselves. I can't imagine what the other side of the story would be that could justify this amount of violence. It's clear that the three defendants unmercifully beat this guy to death and the level to which they went was far beyond anything considered normal fighting. I wouldn't count on any jury not convicting them on all counts and the judge will pass a harsh sentence for each of them. They will be old men when they return to their beloved friends in Fishtown.”
5. susan said... on Aug 12, 2009 at 11:23PM
“I agree nothing justifies this level of violence. Everyone deserves a fair trial.I defer my verdict, that is for the jury to decide. Innocent until proven guilty. My deepest sympathy to the family of David Sales. May he rest in peace.
”
6. OKBYME said... on Aug 12, 2009 at 11:25PM
“The loyalty stems from the same sort of thinking that you find in the worst ghetto neighborhoods. These Fishtowners are mentally no different than the murdering thugs in North Philly. Just look at the post by frankdatank. He's clearly hoping his "boy's" get a slap on the wrist and could care less about the damage they have caused. Anyone with an ounce of compassion and humanity would understand the severity of what these men have done.”
7. susan said... on Aug 13, 2009 at 12:37AM
“Thanks Frank!!! There you go again!!!!
I, a resident of Fishtown, am appalled and saddened about this senseless and violent loss of life. It is short sighted to state that as a community we fail to recognize the severity of this tragic situation. We are loyal and hardworking. These guys should get a fair trial. This young man should not have died. Please do not think all of us are without humanity or compassion... as for frankdatank???”
8. Lyno said... on Aug 13, 2009 at 06:05AM
“Let's get the facts of this preliminary hearing straight. And what the future court hearing will bring.
First off, two of the guys, Jimmy Groves and Chalie Bowers weren't even in McFadden's when this fight started, or when it spilled out into the parking lot.
McFadden's security cameras and witness testimony at the preliminary hearing will back up that statement as fact.
As a matter of fact, if Jetro had security cameras in the parking lot these guys would be free right now.
Why aren't there surveilance cameras in these parking lots anyway? Is it because they are used as public restrooms and it would be an invasion of privacy? A Buick is not a bathroom people. I don't know? That's another story.
Testimony stated these two guys were back at the Moe's Tavern rented bus having some beers with a few other people when this fight was already in progress.
They did try to get over there when they seen their friends fighting, but had to run across the entire M parking lot.”
9. Josh A said... on Aug 13, 2009 at 09:19AM
“The attitude of the bar patrons is disgusting and revealing of what your common man of Philadelphia is. A man is dead because of the childish reaction of a three grown men. One hopes there are some extra dark cells for these scum.”
10. Blah Blah Blah said... on Aug 13, 2009 at 10:47AM
“Hey Lyno, don't make this an issue of not enough security camera's. How about the guys who were on a testosterone rush take responsibiity for their actions. How about making it an issue of you wanted to be a tough guy and beat up on someone, now take your tough guy lumps in jain where you belong. We've all been around guys like this our whole lives, and yeah the bar crowd will take their back cause thats what they do. Right or wrong, they got their backs. If one of those three idiots were laying in the morgue, you bet the Moe's crowd would be out for blood-but they wouldn't let the courts handle it. Bottom line, a young kid is dead for what ??? Don't blame anyone but the ones who threw the punches - it's not the ballparks fault, its not McFaddens fault and its not the parking lots lack of security camera's fault. Its the fault of three wanna be tough guys. Three guys who have issues and past criminal records. Be men and accept responsibity - have some self respect!”
11. Anonymous said... on Aug 13, 2009 at 10:58AM
“FIshytown.... These guys are real scumbags, i hope they hold hands together forever at Grateford. I hope they are also savagely beaten in the court yards they now hang in.... scumbags...”
12. Anonymous said... on Aug 13, 2009 at 11:29AM
“Sounds like Frankie Kirchner is gonna try to take the fall for his buddies. His fellow Fishtown thugs will probably erect a monument to him. Good thing there are witness's other than the scum from Moe's. Hopefully one of them (Moe's patrons) will be man enough to tell the truth. I really doubt it.”
13. Lyno said... on Aug 13, 2009 at 11:55AM
“Listen anonymous you like the writer of this story have no truth in anything you say. The facts are this. If there was security cameras Bowers and Groves wouldn't even be in jail because THEY DIDN'T DO IT. Read it. Soak it in. It's a fact.They were never at McFadden's who has cameras and will prove that as a fact. Eyewitness testimony states that Groves and Bowers calmly walked back over to the bus and started drinking a beer. This is while OTHER people hopped into cabs and cars and every other way to get the hell out of there. Now if these two guys just beat and stomped a man to death, wouldn't they be covered head to toe in blood? Go on you can say it with me YES. But they weren't. Not a drop of blood on their clothes or shoes which were confiscated by the police that night. Why is that? Because them two never touched him. The fight was over before they were even there. So far what do we have here. Nothing. BECAUSE THEY HAVE THE WRONG MEN. Now you have some self respect and apologiz”
14. Anonymous said... on Aug 13, 2009 at 11:56AM
“Don't blame McFaddens or the beer. You might as well blame it on tiny Irish cocks. Hope the families of the defendants spend everything they have and are forced to move from Fishtown. It will be a much nicer place when the ignorant Irish scumbags leave”
15. Ftown said... on Aug 13, 2009 at 12:43PM
“What a bunch of morons ! Hide behind your computers lil boys/girls”
16. Lyno said... on Aug 13, 2009 at 03:05PM
“So now we have the facts out about this preliminary hearing, which the author of this fantasy seems to have forgotten, between the vicious pitbulls and cartoon characters all liquored up killing people for fun on a Saturday evening.This story sounds better when the facts aren't necessary, but it's all fiction. This story makes the writer sound just as credible as Jason Johnson. Another joke.
Free JPG
cya soon mudball”
17. Anonymous said... on Aug 13, 2009 at 03:42PM
“Apologize for what? Did I mention anyone other than Kirchner by name. Were there others in McFaddens with him that could have prevented him from beating Sales to death. I didn't witness the fight...did you? If so, what did you do to stop it? My statement stands and I'd go further by saying that anyone who's protecting this/these animal(s) is
Hey Ftown.....what are you saying? If we say something about your friends you gonna beat us up? What a big man you are.”
18. Fishtown said... on Aug 13, 2009 at 06:10PM
“Isn't that something how you weren't there and NO NOTHING about the facts. So how can you even comment on anything about what happened and who was there to blame!! Why don't you get your facts straight before posting anything about anyone?
It's ashame how innocent people can be blamed for something the didn't do and the real animals are still out on the streets!! How can you call that justice?”
19. Anonymous said... on Aug 13, 2009 at 07:39PM
“Ahh, so that's where this is going. Frankie and the boys are innocent and some unknown assailant killed Sales. You people are pathetic. I'd love for you of you to set us straight on what really happened. Don't leave out any details...this is fascinating.
It's KNOW NOTHING idiot”
20. and your point is .......... said... on Aug 13, 2009 at 09:08PM
“All this back and forth about who knows the truth and who doesn't is pointless. If the two guys Lyno says is so blatently innocent - why are they still sitting in jail????? Does she have information that could get them released that the judicial system doesn't know????? Why aren't you coming forward with this relevant info to get these poor guys out of jail. Could it be that maybe they actually did play a role in this senseless murder. As for why they didn't have blood all over them if they beat him up, simple biology lesson for you - when you have internal bleeding and ruptured internal organs (which is what killed this young man) - the blood stays internally. Of all the people that were there - why were these 2 men you insist are innocent singled out if they were nowhere around the fight area??? Where is your evidence that could help these guys and not let them rot in jail???????”
21. Anonymous said... on Aug 13, 2009 at 10:19PM
“Vick will fit right in...”
22. Anonymous said... on Aug 14, 2009 at 11:15AM
“Forgive me for not believing anything posted by the friends of the accused. You have zero credibility. I've read your posts on here and on Fishtown.us and have a good understanding of how you think. You would rather see your buddies set free than pay for their crime. You will lie, twist and cover up to protect them. You care nothing about the rule of law or the pain caused to the friends and family of David Sale.”
23. SHAR said... on Aug 14, 2009 at 02:53PM
“Hey Anonymous!!! why don't you stop hiding behind the computer... Say your name you got all the mouth... PS: A##HOLE”
24. kev said... on Aug 15, 2009 at 08:29AM
“Hey Shar, My names Kevin - and I agree with Anonymous. Now what?”
25. Shar said... on Aug 15, 2009 at 03:05PM
“"Hey Kevin, maybe you should have went to the preliminary hearing, your only going but what you read in the paper and this trashie Magazine that where commenting on... I was there in the court room for 7 hours listening to the whole thing it was a joke!! The witness couldn't even tell the truth.. How sad is that ?THEY HAVE THE WRONG GUYS IN JAIL...”
26. Sharhole said... on Aug 16, 2009 at 01:45PM
“Yes, the witnesses for the defense had their stories all ready and none of them told the truth. I agree with you that much, Shar.
Who are the right guys to have in jail? You know so much, why don't you tell the whole story of what happened. You and your buddies keep pushing this complete denial defense and you won't provide details. Just STFU.....No jury is going to believe a bunch of thugs from Fishtown.”
27. SHARHOLE IN THE HOUSE!!! said... on Aug 16, 2009 at 09:19PM
“.Hello, Kevin again one thing I'm going to say to you is you don't need to disrespect me! telling me to STFU.... All I'm going to say is your going to see that they have the WRONG GUYS IN JAIL..... Kevin for the record Fish town is a working class neighborhood with home going for $150.000 for a fixer upper..... I happen to live in a $450.000 home... We don't have THUGS living in Fish town we might have some bad APPLES and they are still walking the streets when should be in JAIL....”
28. Anonymous said... on Aug 28, 2009 at 06:30PM
“Seems to me that the justice system should take some blame in this whole mess. What a horrific thing to happen but it happened 3 yrs before in Fishtown - the only difference was the victim was blessed enough to have made it thru it. Frances Kirschner and his friends for no reason knocked unconscious and repeatedly kicked another person almost to death. The victim was unconscious because he had been knocked out by a blow to the back of the head. Takes courage to beat someone down and out. Then to come back after him after he awakens. He probably would have been injured more severely if 2 friends hadn't blocked some of the kicks to his face and head. After a year in court - Kirscher's lawyer not showing up 2x - he gets anger mgt, probation, community svc, and a fine? How fair is that. The judge even said she didn't believe some of their stories (which were lies) and had witnesses who weren't even there. The judge had a chance to send at least one to jail for a while but didn't”
29. Anonymous said... on Oct 21, 2009 at 12:24PM
“two of these guys just got their charges dropped to manslaughter -- and are now up for bail. Kirschner is still facing murder charges, but it seems like the other two thugs will get a slap on the wrist if anything. shame on this city.”
30. Anonymous said... on Jan 26, 2011 at 06:07PM
“Of course the friends and families of these guys are going to say oh it was a mistake, they have the wrong guys.. blah blah blah. now if it was someone in your family you would all be loud mouth fucks going around blaming everyone and their mother and crying your boo hoo stories to whoever would listen. Im from Fishtown, I know how this neighborhood works. Nobody wants to see the facts, the real shit that goes down in this neighborhood. Everyone is your best friend till they steal your jewelry and pawn it at jay's to buy some dope. all these fat nasty bitches sit out front in their lawn chairs talking shit about everyone who walks up and down the street, completely disregarding the fact that their own kids do the same things they look down on everyone else for. Yeah, Fishtown is a nice neighborhood, NOW. Once the yuppies moved in and started opening coffee shops and thrift stores, thats when it became nice.”
31. Anonymous said... on Jan 26, 2011 at 06:12PM
“Oh and Shar, hate to break it to ya kiddo but just because your house is worth $450,000.00 that don't mean shit. If you've lived in Fishtown for more than ooh 6 or 7 years, chances are your house cost about $40,000 or less. Just because it's worth money now due to the casino's doesn't mean you all of a sudden have class.”