Cop’s murder trial won’t include prior incidents

February 13, 2012|BY MENSAH M. DEAN, deanm@phillynews.com215-854-5949

Frank Tepper, the off-duty Philadelphia cop who fatally shot an unarmed neighbor during a Port Richmond street brawl in November 2009, had pulled a gun in public on at least three earlier occasions. But the jury that will begin hearing testimony Tuesday morning during defendant Tepper's murder trial will not hear about those incidents.

Common Pleas Judge Shelley Robins New ruled Monday that the three incidents should not be entered as evidence because the risk that they could prejudice the jury against Tepper outweighed their use in exhibiting previous behavior.

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New also imposed a gag order barring the case's attorneys and relatives of the defendant and victim from talking with reporters until the trial is over.

Defense attorney Fortunato Perri successfully argued against allowing the three incidents into the trial, calling them remote.

Assistant District Attorney Michael Barry, however, said allowing the jury to hear about the incidents would give the jury "the complete picture" about Tepper's off-duty penchant for drinking, escalating incidents, pulling a gun and blaming his victims.

Tepper, 45, spent 16 years on the police force before being fired and arrested for fatally shooting William "Billy" Panas Jr., 21, on Nov. 21, 2009.

The shooting, in front of Tepper's Elkhart Street home, followed a large fight in which Panas squared off with another young man from the neighborhood.

At one point, according to 2010 preliminary hearing testimony, Tepper pulled a gun, Panas dared him to shoot, Tepper fired once into the victim's chest.

Tepper had been attacked by Panas' friends and acted in self-defense, Perri has said.

Tepper is charged with murder, recklessly endangering another person and possession of an instrument of crime. He's been jailed without bail since being arrested Feb. 9, 2010.

The three gun incidents that New prohibited from being heard at trial occurred when Tepper was off-duty and were investigated by the department's Internal Affairs Unit - which cleared Tepper.

In 1995, he got into a car chase with two 21-year-old men who said something inappropriate to his fiancee. He hit one of the men in the head with his gun and fist when he caught up to the car.

In 1996, he shot an opossum to death in the street in view of neighborhood children; and in 2002, he pepper-sprayed a teenage boy and pulled a gun on a group of others whom he accused of hanging his 8-year-old son from a fence by the back of his pants.

 

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