Man fatally shot in clash with police

Distraught relatives of Carmelo Winans, 29, congregated near his North Philadelphia home, where several officers kept them at bay.

Yellow police tape and squad cars blocked access to the rowhouse, on 3rd Street near Cecil B. Moore Avenue, where Winans lived - and died. A young woman hurled obscenities at officers as relatives tried to calm her down. She wailed, inconsolably, shouting, "He just been at my house! He just been at my house! Oh, God!"

As the sun faded into early evening, Andrew Winans, 23, stood in the cold, trying to make sense of his older brother's death - shot by police officer as he allegedly wrestled with a second cop who was wounded during their scuffle.

The events leading to Carmelo Winans' death began yesterday afternoon, when a family member, either his father or grandmother, called 9-1-1 in an attempt to have him committed to Episcopal Hospital for mental-health problems, according to his brother. Instead, his life was cut short after his encounter with the cops.

"He wanted help for himself," the brother said. "They were going to put him in a program. The police officers came supposedly to transport him. . . . He did not have to die. He was a good person. He loved everyone."

Andrew Winans said his brother may have been under the influence of some sort of drug when police arrived, but he didn't know for sure. But, he said, there's no way his brother wanted to die.

"He loves himself. He has two kids - a little boy and a little girl - that he left behind. There is no way he was suicidal. No way. I know my brother better than that. Trust me. There is no way my brother wanted to kill himself. He wanted help," he said.

At 6:30 p.m., Andrew Winans said he still hadn't spoken with relatives who witnessed the shooting because they were being interviewed by detectives. He said he doesn't believe the police version of events but acknowledged that his brother was "battling something."

He had just gotten out of jail - locked up "for something he didn't do," his brother said - and got a job at Dunkin' Donuts. He recently went through a divorce and moved in with relatives a couple of days ago, he said.

"He was a little stressed out, but nothing for him to end up like this," Andrew Winans said.

Carmelo Winans had a lengthy arrest record. Police arrested him at least 18 times since 2000 on myriad criminal charges, including robbery, simple assault, terroristic threats and weapons possession. Judges withdrew or dismissed the charges in most cases. He either pleaded guilty or was found guilty in six cases. The guilty charges included drug possession, theft by deception, theft of a motor vehicle and criminal mischief, court records show.

It was about 3:20 p.m. when Officers Richard Nicoletti and Matthew McCarthy, both of the 26th District, arrived at Winans' home yesterday. They found him sitting in the corner of his kitchen holding a knife pressed against his neck, said Deputy Commissioner Richard Ross.

It took several minutes for Nicoletti, 25, and his partner to persuade Winans to put down the weapon, which he did, he said.

"Officer Nicoletti tried to charge in to try and save the man's life. In while doing so, he pinned the male's hand down, and the male grabbed his gun at that time," Ross said.

A struggle between the two ensued, and Nicoletti's gun went off, grazing the officer's vest. A round did not penetrate the officer's body.

McCarthy then intervened and fired his weapon twice, striking and killing Winans, police said. He was put on administrative duty pending an Internal Affairs investigation.

Nicoletti, who's been on the force for three years, was taken to Temple University Hospital, where he was expected to be treated and released. Friends and relatives, including his father, a veteran officer in narcotics, also rushed to the hospital to check on the war veteran, who served two tours in Afghanistan.

Although many of them declined to comment, one man said Nicoletti was in good spirits. Outside the emergency room, Ross, surrounded by Mayor Nutter and other police brass, expressed his gratitude.

"He's tough and patriotic. . . . We're lucky we have him with us today," he said.