Jun 6, 2009 3:45 pm US/Eastern
Suit Filed Against SEPTA Sgt. In Fatal Shooting
PERKIOMEN TOWNSHIP, Pa. (CBS 3) ―
-
-
SEPTA sergeant Darryl Simmons (File)
CBS
A wrongful death civil suit has been filed against a SEPTA sergeant who shot and killed his unarmed neighbor during a dispute last year.
The incident happened September 17, 2008 in Perkiomen Township, Montgomery County.
Off-duty SEPTA sergeant Darryl Simmons was driving down the street when he says he almost got into an accident with his neighbor Joseph McNair.
McNair was calling an acquaintance right before the shooting, but that person never picked up.
However, a portion of the dispute between the two neighbors and the shooting was recorded on that individual's voicemail.
The family of Joseph McNair provided CBS3 Eyewitness News a recording of the message.
Simmons: I'm not jealous of you, I'm not jealous of you.
McNair: Well stop acting like it then.
Simmons: I'm not acting like it. I don't care anything about you.
McNair: Yelling
Simmons: All I want you to do … all I want you to do is keep your dog down that's all I want you to do …
McNair: (Expletive)
Then gun shots were heard on the recording.
McNair was rushed to Pottstown Memorial Medical Center where he was later pronounced dead.
McNair's wife has now filed a civil suit against Simmons, a 22-year veteran.
"Nobody can bring my husband back, there was no self defense, it was a killing," McNair's wife Naima said.
"All you just want is justice for Joseph McNair, make sure that killers go where they belong, which is prison and stay in prison," McNair's sister-in-law Famira Jefferson said.
The lawyer who filed the suit on behalf of McNair's wife spoke to CBS3.
"Joseph McNair was shot dead in cold blood in the street without any justification, provocation, his life was taken and his family has suffered extensive losses," attorney Michael van der Veen said.
The attorney who represents Simmons said he has not seen the lawsuit and therefore could not comment, but he told CBS3 quote: "the facts haven't changed and sergeant Darryl Simmons was in fear for his life and acted in self defense," said Charles Mandracchia.
SEPTA was also named in the lawsuit, a spokesperson did not comment.
Sources said the gun used in the shooting was Simmons' personal gun, not a SEPTA issued gun.
Simmons remains on administrative duty with SEPTA.
The case is still an active investigation in the Montgomery County District Attorney's Office.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
Openly Gay Celebrities
Click to enlarge
Man Found Shot In Head Inside Old City Apartment 9 mins ago 
Teen Driver Charged In Fatal Bucks County Crash 9 mins ago 
6 Arrested In 'Horrifying' West Philadelphia Rape 10 mins ago 
Man Sought In Montco. Assault, Attempted Abduction 18 mins ago 
Stumble It!
Reporting
Comments