New info concerning ballpark beating suspect

July 28, 2009 7:44:18 AM PDT
Police say 28-year-old Francis Kirchner had no business walking the streets. They say he should have been in prison for almost killing another man 3 years ago. But instead, a judge sentenced him to undergo anger management."It could have been me; I could have been the one that was dead 3 years ago."

22-year-old Cody White knows Kirchner much better than he would like. You see, almost 3 years to the day, Kirchner and two of his friends almost killed him outside Moe's Tavern. Police say Kirchner was in a drunken stupor and thought White was urinating on the fence outside his home. In fact, police say, White was merely waiting for a cab along with his girlfriend.

"I think it's pathetic, cause like I said, I had him that night laying in my arms and I thought he was dead and its a shame that now someone is in that situation," said Trish Casarotto, White's girlfriend.

White somehow survived after brutally being kicked about his face suffering a broken cheek bone and 7 stitches to his left eye.

Despite pleas from White, his family and the prosecutor who wanted him to serve time in prison, Judge Leslie Fleisher sentenced Kirchner to probation, community service at the SPCA and anger management.

"It's very upsetting that anger management was his main punishment," said Casarotto.

"Anger management's not gonna really do anything, you could just go through the steps, just so you can say you went to anger management and come out the same person, it's not gonna, I mean it takes more than anger management to heal something like this," White said.

Fast forward to this weekend a bus bar tour that begins at the very same bar, Moe's Tavern, which ends up at Citizens Bank Park.

According to sources, witnesses have identified Kirchner along with 45-year-old James Groves and 35-year-old Charles Bowers, all from Fishtown, as the ones who kicked and punched 22-year-old David Sale as he was lying on the ground in the parking lot until he died, all because of a fight over a spilled beer.

"It's just a shame that our situation with him didn't save this kids life and I feel like it should have," said Casarotto.

"Judges need to look in the future, you know, 'If we let this guy free, what else can he do if we don't send him a message himself?'" said White. "Like I said, it's disturbing to even talk about; now knowing it could have been me."

To this day, Cody White has not come back into Philadelphia.

Kirchner along with James Groves and Charles Bowers have been charged with murder, conspiracy and related offenses.