By Alecia Reid

PHILADELPHIA (CBS) – The man charged with killing 22-year-old David Padro, Jr. outside Pat’s Steaks was defending himself, according to Paul Burkert’s attorney.

A. Charles Peruto, Jr. tells Eyewitness News Padro attacked his client after tapping Burkert’s car while parking.

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“There’s no doubt about it. But the deceased overreacted. There was no damage whatsoever,” Peruto, Jr. tells CBS3. “The deceased’s wife or girlfriend tried to calm him down saying it wasn’t that serious.”

Peruto says Burkert tried to order from Pat’s Steaks and leave, but Padro “wouldn’t let the incident go” and slammed into Burkert.

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During the fight that was caught on camera, Burkert grabbed his gun. Peruto tells Eyewitness News he does not have a carry permit.

“He finally got a hold of his gun and shot one time. He doesn’t know where he hit him,” Peruto says. “He fled, made it to 10th Street, saw a cop and flagged him down.”

Burkert faces murder, conspiracy, and firearms charges. On Wednesday, Philadelphia Police charged Jaime Frick with murder in relation to the shooting. Authorities confirm to CBS3 Frick is Burkert’s girlfriend.

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The Padro family was unavailable for comment Wednesday.