Tyrirk Harris, the Tacony man who riddled his neighbor with bullets in February after the man complained about Harris' dogs relieving themselves on his lawn, fired his gun out of fear, his attorney argued in court Tuesday.
Franklin Manuel Santana, 47, was legally drunk and leveled threats when he came to Harris' front door on Torresdale Avenue between Magee Avenue and Hellerman Street on Feb. 14, defense attorney Jack McMahon said during a preliminary hearing.
Harris, 27, was minding his own business when Santana "invaded his domain, his castle...This is something [Santana] brought to [Harris]," said McMahon, who argued that the most serious charge his client should face is voluntary manslaughter.
Assistant District Attorney Deborah Watson-Stokes pushed back saying that while Harris had the right to defend himself, there had to be more than words exchanged for him to use deadly force.
Municipal Judge Patrick Dugan agreed with the prosecutor, and ordered that Harris would be tried for murder and all related charges.
"When you hear 'neighbors' and 'dog poop,' it just doesn't make sense," the judge said. "This case is going to move forward."
Santana had moved to the Tacony block with his wife and newborn daughter about a month before Harris gunned him down.
Harris shot him in the face, the neck, the left shoulder, the left flank and twice in the back, Watson-Stokes said an autopsy determined.
Harris, a recently laid off school district police officer, frequently allowed his Chihuahua and German shepherd to defecate on lawns and did not clean up after them, neighbors said after the shooting.
Damon Smith, the only witness to testify Tuesday, said he saw the men talking calmly shortly after 4 p.m.
"'If I gotta come back here there's going to be a problem,'" Santana said, according to Smith.
"What, are you threatening me?" Smith said Harris responded.
"Then, I heard gunshots...I dove to the ground and dove on top of my wife," said Smith, who also lives on the block and described his relationship with Harris as friendly but not close.
dog poop slaying
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