That outcome was completely avoidable, regardless of what Chamberlain did after the officers illegally broke into his home. [10], An autopsy conducted on November 21, 2011, revealed that one bullet hit Chamberlain sideways, passing through his right arm and then both lungs. 2016 CBS Broadcasting Inc. All Rights Reserved. "Regardless, the outcome remains tragic.". Chamberlain suffered from emphysema, osteoarthritis, and had a history of mental health issues. But Debra Cohen, one of the lawyers for Kenneth Chamberlain Jr., said the plaintiff's team will argue to Seibel that Carelli's use of force should still be part of the case. At approximately 5:22a.m., on November 19, 2011, Chamberlain was at home in the Winbrook Public Housing[9][10] at 135 S. Lexington Avenue[11] in White Plains, New York. "This case not only brings into question the policies and practices of this department; but it is an open question whether it was inevitable, particularly in light of the audio tapes and video tapes witnessed by Mr. Chamberlain's family members and attorneys where racial slurs and expletives were used before ultimately shooting him twice in the chest and killing him," reads a petition started by Chamberlain's family on SignOn.org. . Chamberlain's relatives allege worse tauntsincluding "motherfucker" and "I don't give a fuck, nigger"that the defendants denied. [21] Chamberlain's blood contained alcohol content of 0.11, and the muscle-relaxant cyclobenzaprine. According to police, Chamberlain charged at them with a knife and he was tasered, and then fatally shot. By submitting your email, you agree to our Terms and Privacy Policy and to receive email correspondence from us. Florida Republican Wants to Cancel Democrats Over Slavery. The jury began deliberating late Wednesday afternoon and wrapped for the day in the early evening. Sources identify White Plains cop Anthony Carelli as triggerman in I am protecting myself." The website also reports that the family was pushing the Westchester County District Attorneys office to make the recordings public and to release the officers name. Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. We are confident that the presentation to the Grand Jury will be thorough, said Chong, in . Emailus. ANTHONY LABADIE Agent Address 2017 S PLATINUM AVE, Deming, NM, 88030, USA Directors / Officers. The officers said Chamberlain charged at Martin, knife in hand, leaving Carelli no choice. A federal judge erred when she dismissed some of the claims in a lawsuit against White Plains police following the fatal shooting of Kenneth Chamberlain Sr. nine years ago, an appellate court has ruled. Keith Martin backed up that account. Click here to report information on Amazon warehouses. From the April 2023 issue, Billy Binion It's brutal, because if you can't be safe here, where can you be safe?". 68-year-old Kenneth Chamberlain, Sr., who police say was brandishing a 12-inch kitchen knife, was confronted in his apartment after they took the door down. 2023 CBS Broadcasting Inc. All Rights Reserved. Martin said Chamberlain told officers, "First one through the door, I'm going to take him with me.". Chamberlains family said the device accidently went off that that even though Chamberlain said he was fine, police still knocked down his door. He works in Brooklyn. [20] Public Safety Commissioner David Chong said in a May 3, 2012 statement that the Police Department would conduct an internal review of the incident and fully cooperate with an independent study to be done by a panel of experts to review the department's policies and procedures and recommend any improvements.[45]. Anthony Carelli, Actor: WWE: OMG! Chamberlain and his lawyers said it was particularly appropriate that the ruling came this week, in the midst of nationwide protests following the death of George Floyd in Minneapolis. Carelli said he was sent to Chamberlain's apartment because he covered that neighborhood as a patrol officer and had a master key to the apartment. All Rights Reserved. When Sergeant Keith Martin testified two tasers and four bean bags fired from a shotgun failed to bring Chamberlain down, he came face-to-face with Chamberlain lunging with the knife. [42] Chamberlain Jr. said "I wasn't trying to turn this into any type of racially motivated killing, until we heard the audio"in particular, Hart's use of the word "nigger. The second-largest retail pharmacy chain wont buck Republican attorneys general. [28][29], Chamberlain's family asked U.S. Attorney General Eric Holder and U.S. Attorney Preet Bharara for a "criminal investigation," and in May 2012 the U.S. Attorney's Office announced that it would investigate whether federal civil rights law was violated. In both cases, an African-American male was . Things you buy through our links may earn Vox Media a commission. Terms Of Use, Kenneth Chamberlain Jr., whose father was killed by White Plains police in 2011 (Bryan Smith/Zuma Press/Newscom). [emailprotected]. At this point, "Chamberlain was standing some six to eight feet behind the doorway wearing only a pair of boxer shorts." He said his shift was supposed to end at 4 a.m., but he was still at police headquarters because he was finishing paperwork after making an arrest. On the Chamberlain tape, someone can reportedly be heard using the n-word while attempting to get inside the apartment. "You got your gun ready." He wore the medical alert pendant due to a chronic heart problem. 17 Jan 2018. Business Formation. Throughout this time period, the officers continued to explain that they were not there to hurt him, but just wanted to see him to make sure he was fine before they could leave. Our Office opened an investigation following the decision by a New York State grand jury not to indict any of the officers involved. Martins life.. "You gonna shoot me," he said. Or to keep it anonymous, click here. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); NEXT: Cops Who Shot Homeless Man 22 Times While He Lay on the Ground Are Not Protected by Qualified Immunity, Appeals Court Rules. His LifeAid medical alert necklace was triggered, sending an alert to a LifeAid customer service operator, who in turn called the City of White Plains Department of Public Safety. "Despite the dispatcher's warning that Chamberlain was a person with mental illness," the court says, "the officers began banging loudly on his door and shouting demands that they be allowed to enter." The next day, April 11, a New York grand jury is scheduled to begin hearing evidence in the case of Kenneth Chamberlain Sr. "I don't believe I'd be standing here" ifCarelli hadn't shot Chamberlain,Martintestified this morning in White Plains federal court. The Key Moments From Alex Murdaughs Testimony and Murder Trial. In closing arguments, an attorney for White Plains police Officer Anthony Carelli said simply that his client had to shoot. He promised to kill anyone coming in. This site is protected by reCAPTCHA and the Google According to the Second Circuit, the defendants do not clear this high bar, as the court reasoned that the officers warrantless entry into a private dwelling, absent exigent circumstances was legally established as being unlawful. said the victim's son, Kenneth Chamberlain, Jr. They perversely insisted on "helping" a man who manifestly did not need it, who told them so over and over again, and rejected the intercession of relatives who might have helped calm him down. "He would sit out here with the other elders. "Mentally ill Westchester man killed by cops may not have been wielding knife, new evidence suggests. Making sure that victims of federal crimes are treated with compassion, fairness and respect. At Chamberlain's home, police knocked on his door. The appellate panel overturned a district courts decision to shield the officers from liability under the controversial qualified immunity doctrine, reinstating claims of unlawful entry and excessive force in the death of the 67-year-old Marine Corps veteran who stated lucidly, repeatedly, and emphatically to the officers at his door that he was not in need of assistance.. The Life Aid operator informed the police dispatcher that Chamberlain was not in need of medical assistance. The details laid out in the 2nd Circuit's May 29 decision, most of which are uncontested, are damning. he wound up dead after a 90-minute altercation with White Plains police. The photograph of Chamberlain's back wound may cast a lot of the police testimony in doubt, but experts believe it is a heavy lift for the Chamberlain family in the civil trial. Police tasered and shot Chamberlain with a beanbag gun before he was fatally shot in the chest twice. His work appeared in AGNI, and The New Yorker. Continue to fight," he said. Carelli shot Chamberlain, a 68-year-old black former correctional office, in his apartment, at 135 S. Lexington Ave., on Nov. 19when police responded to his medical alert device. The trial resumes Tuesday, with testimony expected from the county medical examiners office, as well as from White Plains police officer Stephen Demchuk, who also responded to the call that day. Then a jury rejected the two remaining claims, which alleged that Officer Anthony Carelli violated the Fourth Amendment and committed assault and battery under New York law by shooting Chamberlain. But it remains highly uncertain whether Chamberlain's family will ever obtain any measure of justice for a senseless death that could have been avoided if police had not decided to treat a man they were ostensibly trying to help as a dangerous criminal. Chamberlain: "I'm telling you I'm OK, I'm telling you I'm OK.". "We believe the picture of the beanbag shot to his back kills their case, because there's no way a man shot in the back with a beanbag at the velocity greater than a Mike Tyson punch could be a threat to anyone," McLaughlin said. "It's very difficult," Chamberlain's son, Kenneth Chamberlain Jr., said outside the courthouse today during a break in testimony. Anthony Carelli is an American poet. The other bullet seems to have missed. The police used a master key they obtained from the White Plains Housing Authority, which owned Chamberlain's apartment, to unlock the door. Anthony Carelli - IMDb Based on that information, the dispatcher sent two additional police officers, including Sergeant Keith Martin, to the building as back-up and informed them of the possibility of encountering an emotionally disturbed person. Unable to contact Chamberlain via its two-way audio box, LifeAid called the White Plains Department of Public Safety. Carelli said in a 2010 deposition that the brothers were belligerent and that one slammed his own head against the policecar. LABADIE ELECTRIC, LLC :: New Mexico (US) :: OpenCorporates The case vividly shows how hard it is to obtain compensation under 42 USC 1983, a federal statute that authorizes lawsuits against government officials who violate people's constitutional rights. Given the pending nature of that presentation we will have no further comment until the Grand Jury completes its investigation and its findings are made public.. The court found that the lawsuit presented sufficient allegations that "a reasonable, experienced officer would not be justified in believing that entry into the apartment was necessary." Following George Floyd's death in Minneapolis and the ensuing protests, there has been much discussion of reforms that could help prevent such horrifying incidents, including "de-escalation techniques." White Plains Mayor Tom Roach said he has pushed for a thorough investigation from the start. Yet with or without qualified immunity, they may never be held accountable for actions that would send ordinary citizens to prison for life. He wore the medical alert pendant due to a chronic heart problem. [4] Police refused to leave his home, and insisted that Chamberlain open the door. [22][23] Westchester District Attorney Janet DiFiore (now New York's Chief Judge) defended her decision not to prosecute Carelli and his colleagues on the grounds that they acted appropriately, and that there was no reasonable cause to indict Carelli for murder. Concerned the sergeant would be seriously hurt or killed, Carelli raised his weapon. situation, the officers forcibly removed Chamberlain's door from its hinges." The officers used the key to open the door to the apartment, but were only able to open the door a few inches because Mr. Chamberlain had engaged a safety lock on the door. This Office was one of the districts affected by the SolarWinds intrusion. Killing of Kenneth Chamberlain Sr. - Wikipedia This password will be used to sign into all, Police Shooting of Kenneth Chamberlain Going to Grand Jury Four Months Later, Cop Who Shot Accused of Separate Brutality, Rick Scott Is Unfortunately Kind of Right About Novak Djokovic. Walgreens Wont Sell Abortion Pills in Red States Even Where Its Legal. 3.3.2023 4:50 PM, 2022 Reason Foundation | Copyright 2023 Interactive One, LLC. "It was further established that a warrantless entry in response to a medical concern is unlawful absent probable cause to believe that a person inside is in immediate danger.". Police said that Chamberlain was screaming, emotionally disturbed and that he charged at police with a hatchet and a knife. Far from showing compassion for a man they supposedly were trying to help, they taunted him. [25] The commission's chair was Dr. Maria Haberfeld, a political science professor at John Jay College of Criminal Justice and the academic coordinator for New York's Executive Police Institute. "Because Chamberlain continued to refuse to open his door, the officers radioed for He is accused of being the most brutal of a group of officers who allegedly beat two arrestees of Jordanian descent and called them "rag heads." . Kenneth Chamberlain Jr., said for him, they change everything. All I could do was save Sgt. In 2013 a federal judge dismissed several claims against the White Plains officers based on qualified immunity, which shields officials from liability when the rights they allegedly violated were not "clearly established" at the time. DiFiore also neglected to take any disciplinary action against officer Steven Hart for calling Chamberlain a nigger. Police were responding to Chamberlain's medical alert system on Nov. 19, 2011 when he wound up . Chamberlain was killed during an encounter with police officers from the White Plains Police Department ("WPPD") on November 19, 2011. The 68-year-old black, retired U.S. Marine lived alone and suffered from mental illness. Racist Ex-University Of Kentucky 'Karen' Sophia Rosing Is Charged For Assaulting Black Student, Mississippi Cops Beat, Waterboarded Handcuffed Black Men, Shot 1 For Dating White Women': Lawyers. ANTHONY LABADIE, agent; Registry Page Website unavailable outside U.S. The family has accused officers of using racial slurs to taunt Chamberlain, an African-American, but the judgeruled that Chamberlain's lawyers cannot mention the slurs, saying that Carelli should not be held responsible for any such comments made by other officers that day. After an hour-long impasse, "despite Chamberlain's repeated pleas that the Echoes of Trayvon Martin in the police killing of Kenneth Chamberlain White Plains Public Safety Commissioner David Chong said that his department has fully cooperated with the Westchester County District Attorneys Office and will continue to do so. The two circuit judges found that the lawsuit presented sufficient allegations that "a reasonable, experienced officer would not be justified in believing that entry into the apartment was necessary.". Sign up for NewsOne's email newsletter! A racial epithet was shouted at Chamberlain during the standoff. In Tennessee, Even Abortion to Save a Womans Life May Be Illegal. SEE ALSO: Cops. Carelli testified that he was supposed to have ended his shift already when police were initially called to Chamberlain's apartment for a medical incident around 5 a.m. N.Y. Police Shooting Case Revived Week After Floyd's Death (1) They were armed with heavy 'tactical gear,' including handguns, a beanbag shotgun, Taser, riot shield, and pepper spray.". "I was expecting him to reactmore than he did," Carelli said. [14] Chamberlain allegedly continued to charge at officers with the knife when Officer Anthony Carelli (whose name was withheld for over four months after the incident)[15] shot him twice[16][17] in the chest with live ammunition. During the trial, Carelli testified that he had "no other option" but to shoot Chamberlain "to protect the other officers." The sergeant yelled out, Knife, knife, knife!, Carelli testified, which, he said, led him to believe Martin had been stabbed. Now the cops, who had already viewed Chamberlain as a threat requiring "tactical reinforcements," were even more convinced. Chamberlain, a former Marine, had such severe respiratory problems he could not walk a flight of stairs, according to his medical records. He won a Whiting Award. "Because justice delayed is not justice denied. A photo taken by Jereis lawyer after the arrest shows his face was battered. Black Westchester Kenneth Chamberlain Case Update "Most importantly, the judgement of the District Court jury that found that Officer Carelli's use of force was justified remains undisturbed," said Andrew Quinn, Carelli's lawyer. Chamberlain grabbed a kitchen knife and remained in his apartment as police tried to force the door, and he demanded they leave him alone. Vish Burra, the congressmans director of operations, met me on Staten Island to explain the plan to make Santos president? When a slap lock prevented the door from opening completely, the cops used a Halligan bar to stop Chamberlain from closing it. Exactly the opposite of what the cops did in White Plains. Chamberlain repeatedly told the cops at the door he had not called for help and did not need it. All rights reserved. Martin told the jury how Chamberlain, a retired corrections officer, was mostly unfazed after officers shot him with a Taser and four non-lethal beanbags from a shotgun. The ruling restores claims of non-lethal excessive force and unlawful entry in the killing of Chamberlain. Grand Jury Hears Kenneth Chamberlain Sr. Case as Autopsy Casts Further WHITE PLAINS, New York (WABC) -- A medical call to a White Plains Police back in November of 2011 turned into an hour-long standoff. "I have nothing to say to him, other than 'why did you shoot my father when you know you didn't have to?" Seeing the heavily armed officers breaking into his apartment despite his insistence that they had no reason to be there, Chamberlain was understandably alarmed. . As of May 3, 2012, the petition had received at least 208,000 signatures.[34]. Anthony Carelli was born on March 14, 1974 in Mississauga, Ontario, Canada. At that point, I had no other option, Carelli testified. Privacy Policy | This page was last edited on 29 September 2022, at 17:41. [44], Lawyer Mayo Bartlett points out that the White Plains police system wrote their reports to cover up racism and wrongdoing by the officers. Kenneth Wells Obituary (2018) - Albuquerque, NM - Albuquerque Journal
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