Shot teen cyclist no threat, say witnesses

All that 14-year-old Tykeem Law did was take "a few extra seconds moving" his bike before a driver shot him in the chest in South Philadelphia last year, a prosecutor told a jury yesterday.

"This little boy was gunned down because he didn't move out of the way immediately," Assistant District Attorney Gonen Haklay said in his opening statement at the start of the murder trial of Charles "Chuckie" Meyers, now 19, of South Philly.

Haklay said that while Tykeem may have mouthed off while arguing with Meyers, he never made any threatening gestures and soon moved out of the car's way.

Tykeem was one of about six youths riding on bikes on Federal Street near 9th shortly after 4 p.m. July 14 when Meyers shot him.

Meyers' court-appointed attorney, Daniel Conner, told the panel of 12 jurors that his client shot Tykeem, but did so in self-defense. His client will take the stand and "will testify as to why he pulled the trigger," Conner said in his opening yesterday.

Conner contended that his client was reacting to Tykeem, who he alleged had "put his hand underneath his black T-shirt and acted as though he had a gun." He also alleged that this was "not the first time Tykeem pretended he was pointing" a gun or pretended to have one.

When Tykeem's mother, Shauta McDuffie, was on the stand, Conner showed her a photo, which he introduced into evidence, of her son standing, with his right arm raised as if he were pulling a trigger.

McDuffie, 32, agreed it was Tykeem.

She also said under questioning by the prosecutor that Tykeem, who was to enter eighth grade at James Alcorn Elementary School, had never been arrested and had never carried a gun.

During testimony by Police Officer Joseph Acavino, Haklay introduced the .22-caliber gun that Meyers, then 18, allegedly used. Courtroom observers were surprised by the tiny size of the silver revolver with a wooden grip.

Acavino said that he was in uniform but driving in his personal Dodge Durango SUV that day when Meyers, driving a maroon Mazda 626 with two passengers, happened to pull up in front of him from 9th Street onto Federal.

On Federal, between 9th and 10th, Meyers began beeping at a group of youths on bikes who were in front of him, Acavino said. The juveniles didn't get out of the way. After a second round of beeps, all but Tykeem moved.

Tykeem then stopped and looked over his shoulder to face the Mazda and put his hands up, palms up, as if he were shrugging, Acavino said, showing jurors.

Acavino said he then saw Tykeem walk his bike to an open space between two parked cars on the north side of Federal.

Tykeem then "turned again facing the car and put his hands up again," as if shrugging, Acavino said. "At that point, when Tykeem had his hands up, empty-handed," the Mazda slowly pulled forward a little, braked again and Meyers, from the driver's seat, reached his hand across the passenger side, Acavino said.

"That's when I heard a pop," he said. He saw Tykeem grab his chest with his hands, look around and "fall back on his heels."

Meanwhile, the Mazda flew off at a high rate of speed, without stopping at the stop sign at 10th Street, he said. It was struck by a car heading southbound on 10th, but then continued to drive on Federal until it pulled over in the last parking spot just before the 11th Street intersection, he said.

Police backup arrived and all three men in the Mazda were taken into custody. Acavino said he found the gun on the street under the driver's side of the car.

The car's front-seat passenger, John Sabalauskas, 34, testified yesterday that he had a painful infection on the back of his head that day and that Meyers was driving him to Thomas Jefferson University Hospital. He had only known Meyers for a couple of months.

Sabalauskas said that when Tykeem stayed in the middle of the street, Meyers yelled: "Can you get the f--- out of the way?"

To that, Tykeem retorted, "F--- you, no," Sabalauskas said.

Tykeem then put his hand "into his back pocket and came out with nothing," he testified.

After Tykeem moved his bike to the side of the street, Meyers rolled his car forward a little until the open passenger-side window was near Tykeem, Sabalauskas said. At that point, Sabalauskas said he was about to thank Tykeem for moving when "there was a loud explosion . . . "

Both Sabalauskas and Jason Squillace, who was the Mazda's back-seat passenger, identified Meyers yesterday as the shooter, and said that they had no idea before the shooting that Meyers had a gun or was about to fire one.

Both also said that they did not feel threatened by Tykeem that day.

Squillace, 21, a lanky, tattooed youth, is Meyers' best friend. He described Meyers as "family." He testified that Tykeem had his hands "by his side" just before he was shot.

He said under cross-examination that it was Tykeem who walked to the passenger side of the car that day rather than the car pulling up to Tykeem.

After answering, Squillace, during a pause in the defense's questioning, looked at Meyers. Without attracting attention, Meyers mouthed something to Squillace, who mouthed something back and nodded his head.

The trial continues today before Judge Shelley Robins New. *