A Perkiomen Township man that killed a neighbor two years ago will not face criminal charges. Montgomery County District Attorney Risa Ferman says 50-year-old Darryl Simmons was acting in self defense when he shot Joseph McNair during an arguement along a rural road. It happened after the two men crossed paths in their cars. "Simmons was legally justified in the use of deadly force against Joseph McNair after McNair provoked a violent encounter with Simmons on the roadway near their neighborhod and threathened him with violence," Ferman said. "In this case,there is no question that the deceased, Joseph McNair, precipitated and provoked the violent encounter." McNair was unarmed. Simmons is a SEPTA police officer.