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.