New video shows fight leading up to fatal shooting outside of Pat's King of Steaks

Defense attorney: Paul Burkert acted in self-defense in shooting outside popular cheesesteak shop.
PHILADELPHIA (WPVI) -- New video shows the moments leading up to a fatal shooting outside of Pat's King of Steaks in South Philadelphia last week.

Police were called to the 1200 block of South 9th Street around 12:55 a.m. on July 22 for a report of a person with a gun.

That's where officers found 22-year-old David Padro Jr., from the 2700 block of Federal Street in Camden, New Jersey, with a gunshot wound to the lower back. Officers rushed him to Jefferson University Hospital, but he was pronounced dead at 1:23 a.m.

Officers later arrested the suspect, Paul Burkert of Doral Drive in Reading, Pa.

Video shows the victim charging at Burkert, leading to a violent scuffle. The fatal shot is then fired out of frame.

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Defense attorney Chuck Peruto, who is representing Burkert, says the video provides strong evidence that the suspect was acting in self-defense.

"If you're met with deadly force, you can use deadly force. We will argue in this case that my client was getting choked out," said Peruto.

Peruto says when Burkert was in the headlock, he believed his life was in danger.

"When he finally broke free, he had enough air to shoot the guy because he couldn't go through it again. He didn't know if the guy was going to choke him again," said Peruto.

However, Peruto does admit Burkert had the gun illegally.

"There's no question in my mind he's going to pay the penalty for carrying an illegal firearm," said Peruto.

But Padro's girlfriend, Amber McShane, who was there at the time of the shooting, paints a different picture.

She says Padro and Burkert began arguing over a minor parking incident, which Peruto confirms as well.

"He was provoked by this man. There was an altercation over a car door. It was ridiculous," said McShane.

But she says the fight was about to end right after the two leave frame.

"It was just a fistfight. It wasn't anything serious. It happens all the time," she says.

Padro's father David Sr. also says his son would never mean to seriously harm someone.

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"My son probably would have finished up right there, and after a few minutes, come over and shake his hand and say, 'You know guy, I'm sorry,'" said the victim's father.

Local attorney Bill Brennan weighed in on the use of deadly force.

"In Pennsylvania, when we believe our life or the life of another is in immediate or grave danger, we have the right to use deadly force," said Brennan.

He also says he doesn't see the murder charge sticking.

"The likely result, based on that video, would be either an acquittal or perhaps some type of manslaughter. I don't see murder here. I don't see malice. I don't think 12 jurors will either," said Brennan.

The Philadelphia District Attorney's Office declined to comment on the investigation.

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