On the evening of Nov. 21, a young man named Billy Panas was shot to death shot in the chest by an off-duty Philadelphia police officer following an altercation in a playground in the Port Richmond section of Philadelphia. Officer Frank Tepper became an instant pariah, hounded out of his house, stripped of his badge and on Feb. 8, charged with murder, even though he claims it was self-defense. On Feb. 5, there was a huge rally being held for Panas calling for the officer to indeed be charged at City Hall. But there was something ironic happening. While this case was going though the courts and the media at a rapid pace, there was another that seems to have been stalled for almost two years. What’s more, a much smaller vigil than the one for Panas was taking place at the same time on the other side of City Hall a block away at the offices of SEPTA, Philly’s transit company. On Sept. 17, 2008, Sgt. Darryl Simmons, gunned down his neighbor Joseph McNair (pictured) in what he called a self-defense action. But McNair’s cousin Rev. Lewis Nash has been making the case that, just like in the Panas case, that’s not entirely accurate. The following is a story that was published a year ago, and we also include a video and links to Rev. Nash’s YouTube account. We are dealing with a number of issues with police in Philadelphia, which is more or less a commonality around here. Our feeling is that too many of the concerns get swept under the rug however, and a case with similar undertones as the Panas case should get just as much attention, especially given the fact that it shows, something truly bizarre is going on.
Philadelphia Daily News
The Rev. Lewis Nash believes that a voice mail detailing the last moments of the life of his first cousin Joseph McNair was a message from the beyond.
“That tape actually dropped out of heaven for us,” he said.
McNair, 38, a man with a heavy rap sheet who was living in a high-end Montgomery County community, was shot and killed by his neighbor, off-duty SEPTA policeman Sgt. Darryl Simmons, following an argument last Sept. 17.
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Simmons, a 22-year veteran of SEPTA’s police force, claimed that the killing had been in self-defense. He shot McNair at least four times because, he said, he thought McNair was reaching for a gun, but no gun of McNair’s was found at the scene, according to police.
Nearly five months later, Simmons, 48, has not been charged with a crime, but the Montgomery County District Attorney’s Office insists the investigation continues, and initial statements from the office that murder had been ruled out were recanted yesterday.
Interest was renewed in the case this week, when McNair’s relatives released a message he left on a friend’s cell phone the night of the killing.
Then, before Simmons calls medics or police, he can be heard calling his wife: “Hey. I just shot and killed this b—-. I said, ‘I just shot this b—-.’ Yeah, come down to the bottom of the hill. Call 9-1-1.”
McNair’s family believes that the tape proves that the killing was not in self-defense
MONTGOMERY COUNTY’S REPORT, SEPT. 18, 2008District Attorney Risa Vetri Ferman and Pennsylvania State Police Captain David Young announce that their departments are reviewing the circumstances of an incident that occurred yesterday in Perkiomen Township when an off-duty SEPTA Police Sergeant shot and killed a man who had threatened to kill him. On Wednesday, September 17, 2008, at approximately 7:30 PM, members of the Pennsylvania State Police, Troop K – Skippack Barracks responded to the reports of a shooting at the corner of Miller Road & Ott Road, Schwenksville, Perkiomen Township, Montgomery County, Pennsylvania. At approximately 7:39 PM, a Trooper arrived and found Joseph McNair sitting in his vehicle slumped over the center console, suffering from several gunshot wounds to his trunk area and one gunshot wound to his face. McNair was transported by the Trappe Ambulance to the Pottstown Memorial Medical Center for emergency medical care. McNair died as a result of his wounds and was pronounced dead by an Emergency Room Physician. The Trooper also found the initial 911 caller at the scene and he was identified as an off-duty SEPTA Police Sergeant. The Sergeant admitted to being responsible for shooting McNair. The Sergeant was subsequently transported to the Skippack Barracks where he provided a written statement regarding the facts and circumstances of this shooting and past problems with McNair. The Pennsylvania State Police and the Montgomery County Detective Bureau initiated a joint investigation concerning this shooting. The scene is located on Miller Road, just off of Ott Road. Preliminary investigation revealed that there were two parked vehicles, both located on Miller Road and facing in opposite directions. McNair’s vehicle is a grey colored Pontiac Vibe and was parked facing northbound. The Sergeant’s vehicle is a dark colored BMW and was facing southbound towards Ott Road. The Sergeant’s handgun, a .357 Smith & Wesson revolver, was recovered lying on his driver’s seat. The Sergeant told detectives that he had just left his residence located a short distance away to pick up his daughter from soccer practice. He was on Miller Road and about to make a right turn onto Ott Road, when he was nearly struck by a grey Pontiac being operated by Joseph McNair. McNair drove by, then reversed his vehicle, and got out of his car and began threatening the Sergeant. The Sergeant explained that McNair lives next door to him and there has been an ongoing problem with McNair and several other neighbors. McNair continued to threaten the Sergeant by saying repeatedly, “You’re not built for this, I’ll blow you away.” The Sergeant stated he got out of his vehicle and they began a verbal argument. The Sergeant also said that McNair went back into his car, leaned in through the open driver’s front door, and it appeared he was, “…going to get something.” The Sergeant said he could not see McNair’s hands. McNair then made a motion to come back out of the car and the Sergeant thought he was reaching for a gun. Believing McNair was about to pull out a gun and kill him, the Sergeant said that he pulled out his handgun from inside his waistband and shot at McNair. When he realized he had hit McNair, the Sergeant immediately called his wife to tell her what had happened and, immediately after that, he called 911 to request an ambulance for M The Sergeant is employed by SEPTA Police and has been a police officer for 22 years. The Sergeant stated that McNair had previously threatened to kill him, his wife, and his children. The Sergeant explained that, because of these threats and the numerous problems McNair had caused in their neighborhood, he became aware of McNair’s lengthy criminal history consisting of past criminal offenses involving murder, assault, gun charges, and drug charges. As a result of this, the Sergeant believed that McNair was someone who was capable of killing him. Crime scene investigation and ballistics results are pending. An autopsy is scheduled for today on McNair. Approved for release: Risa Vetri Ferman |
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