The off-duty police officer who shot and killed an unarmed 21-year-old man in November during a street fight will be stripped of his badge, Police Commissioner Charles H. Ramsey announced yesterday.
Frank Tepper, 43, a 16-year veteran of the force, committed "numerous violations" of Police Department procedures when he opened fire on William Panas Jr. in the Port Richmond neighborhood where they both lived, according to an investigation by the department's Internal Affairs Division.
As of yesterday, Tepper was suspended for 30 days with the intent to dismiss him. He could not be reached for comment.
Panas' father, William Sr., said Ramsey called him to deliver the news.
"This is a great day," Panas said yesterday, his voice breaking. "This means he can't kill someone else's child while calling himself police."
A police cruiser was parked outside Tepper's home yesterday - police have guarded his house on Elkhart Street since the Nov. 21 shooting - and a memorial to Panas remained in place across the street.
Tepper has since moved to an undisclosed location.
Tepper also might face criminal charges. Last month, then-District Attorney Lynne M. Abraham announced a grand-jury probe into the case. That investigation is continuing and has no bearing on the decision to fire Tepper, Ramsey said in a news release.
District Attorney R. Seth Williams, who took office yesterday, said through a spokesman that he planned to review the case file today.
Said the elder Panas: "What we most want is for [Tepper] to be charged with murdering my son. We're very grateful he's been terminated, but the fact is he murdered my son for nothing. He should be punished for that."
The shooting of Panas, a well-known Port Richmond native who planned to open a corner barbershop, sparked outrage, particularly among neighbors of Tepper. Many have described Tepper as a hot-tempered bully often at war with the teenagers and young adults in his community.
Tepper also has a history of reaching for his gun to settle disputes.
Seven years before Panas' death, Tepper drew a firearm while arguing with a group of youths who had harassed Tepper's young son. As with Panas' shooting, Tepper was off duty at the time.
After that incident, Internal Affairs officers admonished Tepper, warning in a report that his actions "could have resulted in numerous injuries with the very real possibility of deadly force being used by him during this confrontation."
Tepper was assigned to the Civil Affairs Unit, whose duties include monitoring demonstrations and labor disputes. He was placed on desk duty after the shooting while the case was investigated, standard procedure in officer-involved shootings.
Panas' family and many in Port Richmond have been calling for action against Tepper since the night Tepper shot Panas during a large brawl that broke out in front of Tepper's Elkhart Street house. Some neighbors said the fight began in the house, at a family party, then spilled out into the street.
Police have said that Tepper tried to break up the fight and that he fired his gun after he was assaulted. Witnesses disputed that, saying that Tepper appeared drunk and that Panas never threatened him. No one in the crowd was armed.
By several accounts, Panas just happened to walk by with friends, and some witnesses said he tried to stop the fighting. Witnesses reported that when Tepper brandished a gun and chased off the brawlers, Panas said, "Come on, you're not going to shoot me."
Just before Tepper fired, witnesses said, his response was, essentially, "Oh, yeah?"
Panas was shot in the chest and died soon afterward.
Police have never commented on whether Tepper called 911 before getting involved in the fight, in accordance with the rules that govern off-duty officers, or whether he called 911 after the shooting.
The reaction from many Port Richmond residents was immediate and anguished. A memorial to Panas appeared at the scene of the shooting, with photographs and letters, and neighbors have held two marches in his honor.
"It was inevitable that he would kill someone," the elder Panas said of Tepper. "He should have been stopped a long time ago."
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