The man who fatally shot another man outside Pat’s King of Steaks was sentenced to at least 3 1/2 years in prison

The Reading man who fatally shot another man during a fight outside Pat’s King of Steaks in 2021 — a melee that was sparked by a parking dispute — was sentenced Wednesday to at least 3½ years in prison.

Common Pleas Court Judge Charles Ehrlich imposed that penalty on Paul Burkert, 38, during an emotional sentencing hearing that featured testimony from relatives of the victim, 22-year-old David Padro Jr.

Burkert’s fiancée, Jamie Frick, 38, was also sentenced Wednesday to two years of probation for participating in the fight and striking Padro in the head with a condiments container before Burkert pulled the trigger.

Both Frick and Burkert — who had pleaded guilty earlier this year — apologized to Padro’s relatives during the hearing. Still, Burkert said he shot Padro because he had charged at him, tackled him, and then put him in a headlock and forced him to gasp for air.

Ehrlich, the judge, told Burkert his decision to retrieve a gun fromhis van before the confrontation turned into a brawl — a weapon he was not legally allowed to possess — turned what could have been a fistfight into a tragedy.

“This is a homicide that never, never should’ve happened,” the judge said.

Padro’s mother, Enidza Martinez, said on the witness stand: “My heart is broken and aches forever as a mother.”

His father, David Padro Sr., told Erlich that his son “meant everything to me.” Then, addressing Burkert, he said: “I just wish you would’ve thought twice.”

The events that led to Padro’s death began around 12:45 a.m. on July 22, 2021, when Padro pulled into a parking spot outside Pat’s and bumped his car door into Burkert’s van.

Burkert, who had been in line to order food, exchanged words with Padro, then left to retrieve what prosecutors said was a gun from the van, according to video and testimony at a preliminary hearing in 2021. The two men continued arguing when Burkert got back into line, and Padro charged at Burkert, knocking him into a wall and later placing him in a headlock.

As the fight escalated, Frick hit Padro in the head, causing Burkert to break free. Burkert then pulled a gun from his waistband and shot Padro in the chest.

Padro stumbled and collapsed onto Ninth Street, while Burkert and Frick got back in the van and drove off.

Burkert surrendered to police near Independence Mall later that night, while Frick was arrested several days later.

The crime attracted national attention not only because it happened outside the iconic cheesesteak shop, but also because of initial, erroneous reports that the fight stemmed from a dispute over the Eagles and Giants football rivalry. Just two months later, another man was killed during a brawl outside Pat’s after a dispute between two groups of soccer fans spiraled out of control.

Burkert pleaded guilty in the spring to voluntary manslaughter and illegal gun possession, while Frick pleaded guilty to simple assault and reckless endangerment.

During his statement in court Wednesday, Burkert said Padro “didn’t deserve to die,” adding: “I cannot reiterate enough how sorry I am.” But he also said Padro, who was drunk, was “trying to antagonize me” and had placed him in a chokehold during their fight, causing him to fear for his life.

Padro’s father, after the hearing, rejected the characterization that his son was the aggressor, saying Burkert was trying to “make himself look like an innocent victim.” He and other relatives also said they were disappointed by Erlich’s sentencing decision, for which Burkert will serve a maximum of 10 years behind bars.

“To me, justice wasn’t served today,” said David Padro Sr.

Padro’s mother said: “I miss my son, and I will never be the same.”