A recent Penn State graduate was arrested Wednesday and charged with the Nov. 2 murder of a cab driver in Virginia, Fairfax County Police said.

Evan D. Gargiulo, 22, is charged with murder and the use of a firearm in commission of a felony after he shot cab driver Mazhar Nazir, Fairfax County Police Officer Eddy Azcarate said.

At a motion hearing in Fairfax County Thursday, Gargiulo, Class of 2008, was remanded to jail without bail, said Steven Garver, Gargiulo's lawyer. The defense contends the act was committed in self-defense, Garver said.

"It's a horrendous tragedy for the gentleman's family who died. It's a tremendous tragedy to Evan and his family," Garver said. "Obviously it's different because he's not physically injured, but I think he's emotionally traumatized. I know he and his family have tremendous empathy for the victim's family. It's one of those unfortunate tragedies that seems if it had just been slightly different it would not have resulted in someone's death."

During the hearing, the defense said Gargiulo was leaving a Halloween party at a club in the District of Columbia when he realized a bag containing his wallet and car keys was stolen, Garver said.

In his Halloween costume -- a wet suit, diver's boots and a blond wig -- Gargiulo left the club and took a cab, driven by Nazir, back to his apartment in Reston, Garver said. While at his apartment, Gargiulo retrieved his spare car keys and his handgun, and then returned to the cab to drive to his own car parked at a friend's apartment complex, Garver said.

Upon arrival at his own car, Gargiulo realized he did not have cash to pay Nazir for the cab ride, at which point Nazir became confrontational, Garver said.

Garver said Nazir then attacked Gargiulo, at which point Gargiulo took out his gun and shot Nazir.

Police officers found Nazir dead at about 1:25 p.m. Sunday in his taxi cab in northern Virginia with a gunshot wound to his head, according to a Fairfax County press release.

Gargiulo turned himself in to Fairfax County police at about 5:30 p.m. Tuesday after police received a tip from the public, Azcarate said.

While at Penn State, Gargiulo was a member of the ROTC, Garver said.

Gargiulo was also a member of the Penn State club swim team, Mackenzie Brady, president of the club swim team, said. The team was notified of Gargiulo's arrest and charges Wednesday and has been advised not to speak about the case, she said.

Gargiulo graduated from Penn State and now works as an engineer for Lockheed Martin in Reston, Va., Garver said.

Penn State spokesman Bill Mahon could not be reached for comment as of press time.

Garguilo is also a lieutenant in the National Guard, having received that title the day before graduating from Penn State, Garver said.

Garver said he was unaware of when the next court date for the case would be.