Update: Shooting Caught on Voicemail | NBC 10 Philadelphia

Update: Shooting Caught on Voicemail

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    Update: Shooting Caught on Voicemail
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    Andrew Smagala, 12, a student at Pine Middle School in Reno, Nev., holds up his cell phone with the message he received from his mother Tuesday, March 14, 2006, after two students were injured when another student opened fire with a gun in a hallway outside the cafeteria of the middle school just before 9 a.m. Smagala was unaware that a shooting had taken place in his school until he got the text message from his mom, who gave him further details with a second message moments later. (AP Photo/Reno Gazette-Journal, Tim Dunn)

    Just two days after Harry Hairston and the NBC10 Investigators first aired a chilling audio recording on the news, there is a new development.

      Last September, shortly after an off-duty SEPTA police officer shot and killed his neighbor in a heated argument, District Attorney Risa Ferman publicly ruled out a murder charge.  But just two days after the NBC 10 Investigators' exclusive report, airing the audio recording of the argument and shooting, the D-A's office says the possibility of a murder charge is now back on the table.
     
    The graphic tape was recorded on a voicemail message. Joseph McNair and his neighbor off-duty SEPTA police officer Daryl Simmons were involved in an argument on a Perkiomen Township street. McNair had placed a phone call and it captured the exchange and even the last fatal moments of the argument. McNair's family feels the tape sheds new light on the incident and they brought the tape to Hairston.     
     
    Simmons has not been charged in connection with the incident and his lawyer says he acted in self defense.  Charles Mandraicchia, who respresents Simmons says the off duty Seargant thought McNair was reaching for a weapon.  Later, police never found a weapon on McNair or in his car.
     
    McNair has spent time nine years in a federal prison on drug charges.  Some neighbors in the affluent community have complained he was a bully.
     
    The District Attorney  says she is still trying to determine if the audio recording violates the wiretap act.  Meantime, simmons is on administrative duty pending the outcome of the Montgomery county investigative.