Cell phone records audio of cop killing man

February 6, 2009 @ 10:47AM

Cell phone records audio of cop killing man

By Carlos Miller -...

An off-duty transportation cop shot and killed a man he was arguing with last September and now a cell phone audio recording of the shooting has emerged.

Darryl Simmons, a sergeant with the Southeast Pennsylvania Transportation Authority police department, has maintained that he shot Joe McNair because he thought he “was reaching for a gun,” according to the Philadelphia Daily News.

But McNair had no weapon.

In the profanity-laced recording, McNair can be heard asking Simmons several times: “You jealous of me, man?” and Simmons saying “All I want you to do is keep your dogs down.” The two men exchange more profanities before five shots are heard.

Then, before Simmons calls medics or police, he can be heard calling his wife: “Hey. I just shot and killed this b—-. I said, ‘I just shot this b—-.’ Yeah, come down to the bottom of the hill. Call 9-1-1.”

McNair had made a phone call prior to the argument, which ended up in the recipient’s voice mailbox, enabling it to record the argument and the shooting. The incident occurred September 17th, 2008 in Montgomery County, Pennsylvania.

Although Simmons has not been charged in the shooting, the newly revealed audio raises new questions.

However, Simmons’ lawyer states that it should not be introduced as evidence because it may have violated the state’s illegal wire-tapping law.

Pennsylvania has a “two-party consent” law meaning it is “a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent,” according to the Citizen Media Law Project.

However, the law does not cover instances where there is no expectation of privacy between the two parties.

The law does not cover oral communications when the speakers do not have an “expectation that such communication is not subject to interception under circumstances justifying such expectation.” See 18 Pa. Cons. Stat. § 5702 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter A, and then the specific provision). Therefore, you may be able to record in-person conversations occurring in a public place without consent. However, you should always get the consent of all parties before recording any conversation that common sense tells you is private.

The incident occurred on a public street after both men had stepped out of their cars.

Comments

Anonymous

3 years ago

The problem with this story is how the off-duty officer was actually arguing with his neighbor, the one whom he shot and killed.

If he thought this known punk was a risk to his family and then the guy reached inside of his pants for something, and pulled out what looked like a gun to the officer, the he was completely justified in shooting him.

He knew that the guy served a 9 year prison sentence and had a long history, living next-door to the officer in a high scale neighborhood didn’t help the guy either.

1 year ago

killing someone over an 'if' sounds pretty weak. i see it the cop knew he was a con, didnt like him living next door, Put his dog on him, then shot him for calling him on it. calling him a bitch really shows his state of mind IMO

Anonymous

3 years ago

According to Simmons, McNair walked back to his car and leaned into the front seat, which is why Simmons thought he was reaching for a gun.

But he never saw anything resembling a gun.

And if you hear the audio, McNair never threatens him with a gun or insinuate that he even has a gun.

They exchange “fuck you’s” with Simmons being the last one to get a fuck you in.

And then you hear somebody saying “you want …”

And then you hear the shots.

If he actually did stick his head in the car, then it must have been in the split second after he said “fuck you” and before he got shot because I would imagine if he said it while he had his head in the car, it would sound different.

I’m just speculating here but I would think there would be a longer pause or something between the “fuck you’s” and the gunshots.

And who is it that said “you want” right before the shooting?

If it was McNair then perhaps he wasn’t sticking his head into the car.

And then when he calls his wife, he says, “I just shot this bitch” which shows he is angry so what if it was his anger that made him pull the trigger and not a perceived threat?

Anonymous

3 years ago

It is hard to understand anything that is going on in that recording. Unfortunately with all of the bleeping going on it distracts from the entire audio clip.

Only simons knows what happened that day, and if in fact he did think or perhaps see him reaching for something, then it was mcnair’s fault.

We don’t know if they were exchanging “fuck you” statements while mcnair was reaching into his car, of which, simmons could have seen something in his hand, possibly the cell phone, and thought it was a weapon.

I don’t think anyone in their right mind would reach into their car to grab anything, especially while arguing…

Anonymous

2 years ago

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2 years ago

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Anonymous

1 year ago

“I thought he had a gun” should not be enough to kill somebody. Cops use that lame excuse all the time (some even carry a spare, non-serialized gun to plant on the victim)

If someone has a gun, fine. If they didn’t, the oinker f’d up and should go to the chair. I’m sick of these guys shooting anyone they want, even children, with the license to kill “Duhhh I thought he was going for a gun”. How could they possibly know if they are going for a gun. Heck, half the time they aren’t going for anything and are gunned down in cold blood. Okay, maybe not the chair, just permanently ban them from carrying a gun, for life (in addition to the murder 2 rap). Clearly they can’t handle the responsibility of carrying.

Anonymous

1 year ago

Let’s face it.

Cops have a “LICENSE” to kill.. and we all know it.

How many times have we herd or seen a story about a Cop killing a unarmed man.. and yet get away with it because they then use the excuse, “I thought they we going for a gun!”

Cops are held to a different standard than we are. If we did the same thing under the same situation and circumstances, we would be in jail facing a murder charge.

Rail Car Fan

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1 year ago

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