Lawyer portrays Baltimore man charged with pushing man to death as "good Samaritan"

A man charged with killing another man by pushing him into Baltimore's Inner Harbor during a fight on Sunday appeared in court Tuesday to face second-degree murder, manslaughter and assault charges. During the appearance, the public defender for James Fitzsimmons portrayed his client as a "good Samaritan."

The 36-year-old Fitzsimmons is accused of shoving James Britt, 37, to his death in the water after a physical fight between the two. Police say security video shows them fighting in the alley behind the 700 block of S. Eden Street just after 3 p.m. 

Court documents allege Britt started walking away from Fitzsimmons and toward the water when the suspect followed. After catching up to Britt, police claim Fitzsimmons pushed Britt into the water. Britt later died at the hospital.

Prosecutors call defendant "callous"

Prosecutors claimed the suspect had a "callous disregard for human life".

But the defense argued the incident was accidental and that Fitzsimmons "should've minded his own business." The public defender said Fitzsimmons was trying to intervene after observing Britt "verbally abusing" a woman.

The suspect's attorney said Britt was the aggressor, headbutting and swinging his belt at Fitzsimmons when he got involved. The public defender also said that as Britt walked away, he continued to provoke Fitzsimmons and asked his girlfriend to get something out of her purse for him.

The public defender said the suspect pushed Britt after his knees buckled near the water. However, his attorney claims Fitzsimmons reached to try and grab Britt as he fell. Police say security video shows Fitzsimmons pushed Britt.

Conflicting views of incident

Court records say Fitzsimmons told police he was in a fight with Britt, but that the victim fell in and wasn't pushed. He also told investigators Britt's girlfriend told him Britt couldn't swim to which he replied, "Oh well" and walked away.

The public defender said Fitzsimmons left because he believed the water was shallow and that Britt would be fine.

The public defender said Fitzsimmons is a bartender at Keystone Korner in Harbor East. His co-worker, going by Liz in this story, tells WJZ he had a shift starting at 3:30 p.m. Sunday and that he was a good man.

"We referred to him as the security guard at Keystone even though we didn't have one, James was always making sure everybody was okay," Liz said.

She called Fitzsimmons protective and said she believed he was trying to diffuse the verbal argument. "I could see this all coming about because he was trying to save someone from danger," Liz added.

Suspect and victim both had prior arrests

In court, prosecutors said Fitzsimmons has prior convictions in Virginia and New York, as well as an active warrant in Pennsylvania.

The judge said Fitzsimmons is a flight risk and a danger to others. She ordered him to be held without bail. He is due back in court later this month.

WJZ has tried to reach out to the Britt family but has not made contact with them.

Britt was arrested twice in the last few weeks on burglary charges in Baltimore County. His address listed in those cases was an outpatient treatment center in Baltimore City.