Septa Officer Darryl Simmons Shoots Neighbor Joseph McNair

By ED DRESS and HARRY HAIRSTON

Updated 10:56 AM EST, Tue, Jul 28, 2009

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The family of a man whose shooting was captured on a voice-mail, met with the Montgomery County District Attorney to try to find out what's going on with the criminal investigation into his case.

Harry Hairston and the NBC10 Investigators first told you how an off-duty Septa police officer, Darryl Simmons shot and killed his neighbor, Joseph McNair in a heated argument about McNair's dogs in Perkiomen Township, Montgomery County . This happened back in September of 2008. Charles D. Mandracchia, Darryl Simmons' attorney, said there was a long history of bad blood between the two men.

McNair was shot by Simmons during an argument on the streets of their Perkiomen neighborhood. Simmons says that he thought McNair was reaching for a gun and feared for his life. Simmons told police he shot in self defense. Simmons has not been charged with anything

Today, after the 90-minute meeting, McNair's family told Hairston, they were glad for the meeting and said the NBC10 Investigation helped them reach that step.Some family members say they are satisfied while others say they are disgusted. (with the meeting our the status of the investigation?) They are trying to find what, if any, criminal charges are going to be filed in McNair's death.

Kevin Steele, the Assistant District Attorney of Montgomery County told the NBC10 Investigators the meeting was designed to give the McNair family an opportunity to express their concerns and what they felt the District Attorney's office should know about the investigation.

The victim, McNair, recorded his own death when he left a voicemail for a friend on his cell phone. Later, the family was given the tape while they were at a vigil for McNair.

Montgomery County District Attorney Risa Ferman told the NBC10 Investigators last week she cannot comment on the audio recording, " One difficult issue with which we are grappling is that our research suggests this recording may violate The Wire Tape Act."

Simmons' attorney Charles Mandracchia told Hairston last week that the recording doesn't change a thing and that the tape really is only the tail end of a two year argument. Mandracchia and other neighbors say McNair is a convicted felon with an extensive criminal background who they claim has terrorized neighbors for years.