By Joseph A. Slobodzian
The Philadelphia Inquirer
Chris Kallaur said he idolized his brother Bobby, 10 years older, a fearless street fighter, an up-and-coming boxer who let him sit ringside and collect the trophies.
“Now,” Kallaur told his attorney Wednesday, “I can grieve for my brother.”
A Philadelphia Common Pleas Court judge had just cleared the retired police officer of any criminal conduct in the Aug. 2, 2009, shooting death of Bobby Kallaur during a parking-lot brawl at an American Legion post.
After a two-day nonjury trial, Judge Rose Marie DeFino-Nastasi acquitted Chris Kallaur, 38, of third-degree murder, voluntary or involuntary manslaughter, assault, and a gun charge. She said no witness could say exactly what happened between him and his brother, a convicted felon with a history of violence.
Only Chris Kallaur, who took the stand Wednesday, gave credible evidence about the shooting, DeFino-Nastasi concluded. He said that his .40-caliber semiautomatic pistol went off as Bobby Kallaur tried to wrest it from him as they fought outside the Northeast Philadelphia club.
The judge said she believed that Chris Kallaur feared for his life because his testimony was corroborated by injuries caused by his brother’s fists: a broken cheekbone and nose, and a lip split through to the gum.
“It was either accidental or self-defense,” DeFino-Nastasi said. “It was not an intentional act beyond a reasonable doubt.”
Kallaur, a six-year officer who retired on full disability after being injured arresting a suspect in 2006, faced a mandatory prison term of five to 10 years had he been convicted of homicide.
As the judge announced the verdict, he looked to the ceiling and raised both hands in praise. His wife of 18 years, Sandra, broke into sobs and was comforted by daughters Amanda, 16, and Amber, 13.
“Thanks to the Messiah, Lord Jesus, he reigns,” Kallaur said as he left the courtroom with his family, including his mother, Eileen, his pastor, and Bobby Kallaur’s ex-wife, Donna Palandro.
Palandro was a character witness for Chris Kallaur. She testified that he became a surrogate father for her disabled son, Robert Jr., now 29, while Bobby Kallaur was serving an 18-year state prison term for his role in a regional drug-trafficking ring.
Chris Kallaur’s 7-year-old son, Christopher Jr., was not present.
“That was a good verdict, the right verdict,” said defense attorney Jack McMahon.
“We respect the verdict of the court,” said Assistant District Attorney Richard Sax, who conceded during trial that the evidence against Kallaur was “muddied.”
However, Sax had argued, the fact that Chris Kallaur’s gun fired five times - with three shots hitting Bobby Kallaur while the muzzle made body contact - cast doubt on his claims that the shooting was accidental or self-defense.
The verdict was condemned by Danielle Gale, Bobby Kallaur’s girlfriend of two years, whose ugly argument with Sandy Kallaur preceded the shooting.
“The justice system doesn’t work,” Gale said. “Chris and Sandy know the truth and the lies that they told.”
According to testimony, the argument between the women turned physical in the parking lot outside American Legion Post 810 in the 9100 block of Old Newtown Road. The brothers then began fighting. Their brawl ended sometime after 1 a.m. with gunshots and the former boxer dying in his brother’s arms.
Chris Kallaur said he was stunned when his brother sucker-punched him and then tried to grab his pistol from his waistband. But he insisted that he wanted nothing more than to help his brother readjust to society after being paroled in April 2007.
“I loved my brother, I still love my brother,” Chris Kallaur told the judge. “I’ll always love my brother.”
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