PA. STATE REP. WANTS ANSWERS IN JOSEPH McNAIR CASE

Better and better this case gets. Last month a Philadelphia pastor and others went out to talk with state officials in Harrisburg, PA and their efforts paid off. Now one of those elected officials also wants to know why an off-duty transit cop shot and killed his neighbor two years ago and nothing has come of the case. And in this case, we are talking about a situation where the officer made one statement, only to have a recording of the incident surface later refuting that account. The shooting of Joseph McNair by officer Darryl Simmons happened in Montgomery County, and no one there seems to be all that forthcoming up with answers. It doesn’t help matters much when the lawyer for both Off. Simmons and another neighbor who shot one of McNair’s dogs in an earlier incident (better and better this case gets) is listed as a contributor to the District Attorney’s campaign. It’s time for some answers. Long since time. If the facts of the case are as they seem, we are not talking about a police officer who was simply doing his job and trying to protect someone. We are talking about a police officer who settled an argument by killing someone in the hopes that him being a cop will help mask that little fact. And the D.A. wants to play games with this?

One People’s Project

HARRISBURG, PA–A Pennsylvania State Representative has asked the State and Federal Attorney Generals to look into the case regarding a man who was shot and killed by his neighbor, a police officer working with the Southeastern Pennsylvania Transportation Authority (SEPTA) in a dispute outside their homes in Perkiomen Township.

On June 7, State Rep. Ronald Walters, Chairman of the Pennsylvania Legislative Black Caucus, sent the letters to U.S. Attorney General Eric Holder and State Attorney General Tom Corbett, who is currently running for Governor, saying that the Sept. 17, 2008 shooting of Joseph McNair by SEPTA officer Darryl Simmons might not be investigated or even pursued properly by Montgomery County District Attorney Disa Ferman. Simmons has yet to be charged, and almost two years later the prosecutor’s office says the case is still being investigated, despite an audio recording of the incident that casts doubt on the officer’s claim that the shooting was in self-defense.

“In light of this evidence, and the other circumstances surrounding this case, I believe that an inquiry is appropriate,” Rep. Waters wrote to both Attorney Generals. “Because this is a legal matter that has been brought to my attention, and to the attention of other members of the Pennsylvania Legislative Black Caucus, I respectfully request that you lend your notable credibility and law enforcement expertise to the investigation of the McNair/Simmons case.”

Rev. Lewis C. Nash and other supporters of Joseph McNair traveled from Philadelphia to the State Capitol in Harrisburg to speak to elected officials about the case. Meanwhile, the family of Joseph McNair continue to push a lawsuit against Simmons and SEPTA, but that is also stalled in the courts. The most recent papers were filed on June 30.

The recording of the incident was made when McNair called a friend. The call went to voicemail as the argument between McNair and Simmons and the eventual shooting took place. Despite the officer’s claims that he shot McNair when he went back to his car and reached in through the driver’s side window, the recording doesn’t show this, and no weapons were found on McNair.

The case has another twist to it however: Months before, McNair was also involved in a dispute with Kevin Rodzinak, another neighbor who was facing charges of simple assault, terroristic threats and disorderly conduct stemming from an incident where he shot one of McNair’s Rottweilers that he claimed was attacking his Jack Russell terrier. Those charges were dismissed after McNair was killed.

Both Rodzinak and Off. Simmons were represented by attorney Charles Mandracchia, who also serves as a Republican Committeeman in Montgomery County. Records reportedly show that Mandracchia had donated to District Attorney Risa Ferman’s campaign.

Letter to Eric Holder
Letter to Tom Corbett
Recent Legal Papers Filed