Ex-cop acquitted in shooting death of brother

Christopher Kallaur received an early birthday present yesterday.

A judge acquitted the former Philadelphia police officer of all charges in the shooting death last year of his older brother, Robert, 47, outside an American Legion club in Northeast Philadelphia.

Upon hearing Common Pleas Judge Rose Marie DeFino-Nastasi's "not guilty" verdict, Sandra Kallaur, the defendant's wife, broke into tears and made the symbol of a cross with one hand. Sobbing, she hugged her husband and their two daughters, ages 13 and 15.

An emotional Christopher Kallaur, who turns 39 tomorrow, told reporters afterward: "Lord Jesus. He reigns."

In closing arguments yesterday, defense attorney Jack McMahon said that the shooting that occurred about 3 a.m. Aug. 2, 2009, outside the American Legion on Old Newtown Road, in Bustleton, was an "accidental discharge of a gun" caused by a set of actions instigated by the victim.

Assistant District Attorney Richard Sax argued that the shooting rose no higher than voluntary manslaughter, and could possibly be involuntary manslaughter. "There is a degree of recklessness" in what occurred, he said.

The judge noted that the only evidence she heard during the two-day nonjury trial about the shooting "came from the defendant and the physical evidence."

In hourlong testimony yesterday, Christopher Kallaur told the judge that his gun had discharged as he was struggling to keep it away from his brother, a former professional boxer, who moments earlier, had knocked him out cold with several punches, splitting his lip and breaking his nose.

He described how he loved Robert, and had helped when Robert was in prison on a drug-ring sentence, and how he tried helping him adjust to life after prison.

Christopher said that in the hours before the shooting, he and his wife were hanging out at the club when Robert and his girlfriend, Danielle Gale, showed up. He said that an argument broke out among them.

Later, outside the club, Christopher, then a retired cop, said that Danielle punched his wife, and then out of nowhere, Robert "just blindsided the right side of me. He knocked me cold."

Robert then punched him again, then kicked him in the face, then punched him again, the defendant testified.

Christopher said that as he got on his feet again, Robert reached for Christopher's gun.

"I went there for fear of my life to get hold of it," he said, testifying that he got his hand on the gun so his brother could not grab it away.

As the two struggled for control of the firearm, the gun "went off," Christopher said.

Ballistics evidence showed that five bullets were fired from Christopher's .40-caliber Glock semiautomatic handgun. Robert was hit three times - a contact shot to his left abdomen, and twice in his left hand.

McMahon presented a photo to the judge of a blood-blister wound that Christopher had on top of his right-trigger finger, contending that he got it during the struggle for the weapon.

Christopher testified that he was stunned to find his brother shot, and as he held him, he kept telling him, "You're going to make it. This is just a flesh wound."