Sons seek charges after neighbor fatally shoots couple, claims self defense

PHILADELPHIA -- Anthony and Nicholas Dempsey arrived at the Philadelphia District Attorney's office in Center City Monday afternoon with petitions in hand and their attorney by their side.

Attorney Nick Mattiacchi said the young men had collected over 5,000 signatures calling on the new interim DA Kelley Hodge to file charges in the murders of August Dempsey and Robert DePaul.

"The families of August Dempsey and Bob DePaul welcome her involvement and would appreciate any information surrounding this investigation and its conclusion as soon as possible. The families deserve it," Mattiacci said.

The 42-year-old Dempsey and 45-year-old DePaul, a father of four, were killed on July 16th outside DePaul's home in the 4700 block of James Street in Frankford.

The next door neighbor admitted to shooting the couple in the head. He claims, during an argument, the couple scaled his fence so he fired in self-defense. That neighbor was briefly taken into custody then released.

Over the weekend, neighbors rallied demanding to know why no charges had been filed.

Dempsey's sons defended their mom.

"She would never provoke any violence cause she knows she would have to make it home to me and my brother. I don't understand why he's still here in his house," Anthony Dempsey said.

Outside DePaul's home, a sign overhead reads "Warning- the murderer of Bob and Aug is still free."

Police are positioned nearby round the clock now because of fear of retaliation.

Dempsey's friend Barbara Miller says it's all too much to bear.

"Everybody just wants justice. It just feels like it needs to be served. I just don't know why it's taking so long," Miller said.

Philadelphia police tell Action News they've handed the case over to the district attorney for review. The DA's office says the investigation is ongoing and so the office cannot provide any comment.