Police alleged Chamberlain came at them with a butcher knife when they broke down the door. The 68-year-old vet died from his injuries. WHITE PLAINS, N.Y. (CBSNewYork) -- A federal jury was deliberating a case Wednesday to determine whether a White Plains police officer is liable in a man's death. situation, the officers forcibly removed Chamberlain's door from its hinges." Donald Trump Jr. When officers asked Chamberlain to open his door, he refused. His second book, The New World: Infinitesimal Epics, was published in fall of 2021.Recipient of a Hodder fellowship and a Whiting Writers' Award, he . After police say Chamberlain lunged at Sergeant Keith Martin, Officer Anthony Carelli fired the fatal shots. Police finally revealed the name of the officer who shot Marine veteran Kenneth Chamberlain, Sr.and it turns out that Officer Anthony Carelli is due in court this month in a police brutality case. Chamberlain's death made nationwide news and was the subject of a 2019 film, "The Killing of Kenneth Chamberlain." He offered gold-wrapped candy bars in a stunt that showed he isnt a worthy successor to his dad. The deadly incident at the center of the case began in Nov. 2011 when Chamberlain accidentally activated his Life Aid device, triggering an ambulance and a squad car being sent to his apartment. Despite the hype about Ron DeSantis surging past Donald Trump, both Republicans look unusually strong at this early stage of the presidential race. 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. | Around 5 a.m. on November 19, 2011, Kenneth Chamberlain, a 68-year-old former Marine and retired corrections officer with a heart condition, accidentally set off his LifeAid medical alert. [44], Lawyer Mayo Bartlett points out that the White Plains police system wrote their reports to cover up racism and wrongdoing by the officers. 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. 2023 CBS Broadcasting Inc. All Rights Reserved. The officers said Chamberlain charged at Martin, knife in hand, leaving Carelli no choice. Chamberlain, 68, was shot dead in his own home last November by Officer Anthony Carelli in White Plains after Chamberlain mistakenly set off his LifeAid medical alert pendant. Because Life Aid records its calls, there are audio recordings of Mr. Chamberlains conversations with the police officers from 5:25 a.m. until approximately 6:08 a.m., when the Life Aid call ended in order to allow Mr. Chamberlains sister to call the home phone. A Whistleblowers Claims About a St. Louis Transgender Center Are Under Fire. While Martinshot the beanbags hoping it would disarm Chamberlain as a way to prevent the situation from progressing further, Carelli said, it didnt incapacitate him at all. As Martin tried to subdue Chamberlain, Carelli stood at the threshold of the doorway, holding his gun at a low-ready. Emma Camp Dr. Kenneth Edward Wells, PhD Dr. Kenneth Edward Wells, PhD, 83, reposed in the Lord on Monday September 17. [18][19] A camera mounted on the taser captured the tasing, but was not functioning during the shooting. Kenneth Chamberlain Sr., Several police officers, Medical alert operator, Sister of Kenneth Chamberlain Sr. The autopsy found "no drugs of abuse" in Chamberlain's system. 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. Police were responding to Chamberlain's medical alert system on Nov. 19, 2011 when he wound up . Mr. Kim expressed his deep sympathy to the family of Mr. Chamberlain for their tragic loss. "Based on the facts alleged and otherwise before the district court, viewed in The ruling restores claims of non-lethal excessive force and unlawful entry in the killing of Chamberlain. [36] The jury found neither the police nor the city liable. officer would not have determined there was probable cause to believe that The Daily News reports that one of Chamerblains neighbors said that she would often hear Chamberlain screaming in the night and that police would often visit his apartment. Yet with or without qualified immunity, they may never be held accountable for actions that would send ordinary citizens to prison for life. Far from showing compassion for a man they supposedly were trying to help, they taunted him. At every step, the officers seemed determined to turn an accidental medical alertan alert theyknew was accidentalinto a death sentence. But the 68-year-olds family, who have audio and video recordings of the incident, contend that the police used excessive force when they Tasered and shothim. That is when officers claimed that Chamberlain advanced towards them with a knife, which in turn made officer Carelli shoot Chamberlain. A court exhibit showed how Chamberlain's apartment looked the night of the killing, after police took his door off its hinges and forced their way in because the former Marine's medic alert system had been activated by mistake. He said there was a message in the ruling for families going through what he has. He wore the medical alert pendant due to a chronic heart problem. Recent filings for LABADIE ELECTRIC, LLC. The Biden administrations policy of blocking unvaccinated people from the country continues to make little sense. Carelli then said 'I fired by duty weapon twice.". They broke into his home without cause, dressed for battle, and gunned him down because he had the temerity to defend himself. | "I thought I was going to get stabbed." Qualified immunity is a legal doctrine initially created by the Supreme Court which has steadily developed to prevent citizens from holding government actors accountable for constitutional violations enshrined in the Civil Rights Acts 1983. Officer Carelli grabbed the knife with bolt cutters and tossed it out of reach. [26][27], After a four-month investigation, the report concluded that Chamberlain's shooting was justifiable because it happened "after negotiations and when all non-lethal means were unsuccessful. [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. One of those bullets passed through Chamberlain's lungs and ribs and severed his spine, killing him.". Sign up for free Patch newsletters and alerts. In both cases, an African-American male was . The WPPD dispatcher also ran a computer check on Mr. Chamberlain and his address, and learned that there had previously been calls from that address that had been described as involving a person who was potentially emotionally disturbed. White Plains Mayor Tom Roach said he has pushed for a thorough investigation from the start. The Office expresses no view regarding any claims made against any party under the standard applicable to civil cases, which is proof by a preponderance of the evidence. The next day, April 11, a New York grand jury is scheduled to begin hearing evidence in the case of Kenneth Chamberlain Sr. After conducting a thorough and independent investigation, the U.S. Attorneys Office has determined that there is insufficient evidence to meet the high burden of proof required for a federal criminal civil rights prosecution. It asks for an end to police misconduct and brutality, and for the officers involved to be "indicted and charged with murder and civil rights violations. Chamberlain suffered from emphysema, osteoarthritis, and had a history of mental health issues. SHOOTING: Sergeat was prepared to fire gun at Chamberlain, TRIAL OPENS: Jury selected in Chamberlain case. The Taser also recorded Sergeant Fottrell instructing Mr. Chamberlain to put the knife down and Mr. Chamberlain responding shoot me, come on motherfucker, shoot me. Sergeant Fottrell deployed his Taser twice from the hallway. Making sure that victims of federal crimes are treated with compassion, fairness and respect. The ruling by the 2nd Circuit Court of Appeals, filed Monday, restores claims of unlawful entry and non-lethal excessive force in the Nov.19, 2011killing of Chamberlain, a 68-year-old Marine Corps veteran and retiredcorrection officer. Martin said Chamberlain told officers, "First one through the door, I'm going to take him with me.". 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. Carelli answered 'yes.'. A photo taken by Jereis lawyer after the arrest shows his face was battered. "Every time we come to the door he sticks a knife out," one of them complained. 17 Jan 2018. Business Formation. The Chamberlain family is asking for compensatory and punitive damages from Officer Carelli and the City of White Plains. We are confident that the presentation to the Grand Jury will be thorough, said Chong, in . The police used a master key they obtained from the White Plains Housing Authority, which owned Chamberlain's apartment, to unlock the door. They were armed with heavy tactical gear, including handguns, a beanbag shotgun, Taser, riot shield, and pepper spray., Using a Halligan tool to wrench the door opened a few inches, the court wrote that the partial opening of the door was sufficient for the police to confirm visually that Chamberlain was not in need of medical attention and that Chamberlain, who had long lived alone, was not [at the time the forced, armed entry began], a danger to himself or the officers.. The family of the slain ex-Marine said they plan to ask federal authorities to look into the case. An ambulance and a police officer were dispatched to the scene. When a slap lock prevented the door from opening completely, the cops used a Halligan bar to stop Chamberlain from closing it. Taking the stand in a $21 million wrongful death suit, Officer Carelli was asked if he shot and killed Mr. Chamberlain. However, in order for such a right to be clearly established, the particular conduct of the alleged violator must have previously been established to such an extent as to place the statutory or constitutional question beyond debate a subjective, and often times absurdly high bar for plaintiffs to clear. . | Officers have testified that Carelli shot Chamberlain as the 68-year-oldman rushed toward Martin while holding a knife and after threatening to kill officers. 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. [33], Chamberlain Jr. said he was inspired by the petition circulated online by the parents of shooting victim Trayvon Martin, saying, "I signed Trayvon's petition, sat back and thought, 'Well, maybe I should do a petition.'" Mr. Chamberlain was 68 years old at the time. Police are heard pounding on the door over the life alert system. Their actions demonstrated that they had no regard for Chamberlain's life, let alone the sanctity of his home. Anthony DEsposito has a bill to keep Santos, a fellow Republican, from profiting off his lies. Westchester County authorities, including the police and the district attorneys office, have kept the cops name a secret in the Chamberlain shooting even as interest grew in the case and relatives demanded an investigation. Officers Carelli and Hart were part of the Neighborhood Conditions Unit, a tactical unit of the WPPD assigned to patrol the Winbrook Houses, and were able to obtain a master key to the apartment. "Overjoyed is an understatement," said Kenneth Chamberlain Jr. "The appeals court has confirmed what we knew all along: That they violated my father's 4th Amendment rights.". [43], Demonstrations were held to protest racism and dereliction of duty by District Attorney Janet DiFiore. He is a graduate of Georgetown University and New York Law School and previously worked in financial securities compliance and Civil Rights employment law. The appeals court disagreed. This site is protected by reCAPTCHA and the Google shot by police in his White Plains apartment, Do Not Sell or Share My Personal Information. "[32] The petition will be delivered to the County District Attorney for Westchester, Janet DiFiore. King Charles Evicts Harry and Meghan From House They Dont Live In. Fox News Is Reportedly Shadowbanning Donald Trump. The Key Moments From Alex Murdaughs Testimony and Murder Trial. Like our content? Stephen Fottrell were premature. "You got your gun ready." "I thought I was going to get stabbed.". The 68-year-old black, retired U.S. Marine lived alone and suffered from mental illness. 2016 CBS Broadcasting Inc. All Rights Reserved. During the trial, Carelli testified that he had "no other option" but to shoot Chamberlain "to protect the other officers." ", "My understanding was I was the last option," Carelli testified. The officers were responding to a 911 call at a location that was the source of prior [emotionally disturbed person] calls. "Mentally ill Westchester man killed by cops may not have been wielding knife, new evidence suggests. After Chamberlains son filed a lawsuit naming all seven officers involved in the incident as defendants, a federal district court judge found that several of the officers were entitled to qualified immunity. As of May 3, 2012, the petition had received at least 208,000 signatures.[34]. 2023 www.lohud.com. "[28] The family's lawyers and groups such as Blacks in Law Enforcement of America (BLEA) have criticized the report for failing to consider and address various issues. 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"This is the first time I've ever seen him [Carelli] in five years since my father was killed. Chamberlain's son expressed joy upon hearing the ruling saying, "The appeals court has confirmed what we knew all along: That they violated my father's 4th Amendment rights." When the door was fully open, from the hallway, the officers, in swift succession, tased Chamberlain (unsuccessfully), fired several beanbag shots at him (largely ineffectively), and fired two shots at him with a handgun. "You gonna shoot me," he said. According to police, Chamberlain charged at them with a knife and he was tasered, and then fatally shot. 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. After a nearly 90-minute standoff, police broke down Chamberlain's door and found him armed with a kitchen knife, according to police accounts. 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. - The Top 50 Incidents in WWE History (2011), WWE SmackDown vs. Biden Chooses Crime Messaging Over D.C. Home Rule. "There were approximately twelve officers in the augmented police force when they attempted to gain entry. McLaughlin argued that the trajectory of the fatal bullet "makes it impossible for him to be holding a knife in his hand and advancing on police." The investigation revealed no evidence to refute Officer Carellis testimony that he shot Mr. Chamberlain in response to his belief that Sergeant Martin was in danger of being seriously physically injured by Mr. Chamberlain. On Monday afternoon, Anthony Carelli took the stand in U.S. District Court and testified that it was his responsibility "to protect the other officers" from Chamberlain, whom he believed was "egging on" police with taunts to shoot him. 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." . For example, the recordings show that the officers at the door repeatedly told Mr. Chamberlain that they could not leave until they could see him and make sure he was okay, and Mr. Chamberlain responded that he was okay and fine, but also cursed at the officers, and at one point said he would kill whoever came through the door. White Plains Police now say Anthony Carelli, an 8-year-veteran of the department, was the officer who shot and killed Kenneth Chamberlain. 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. Chamberlain "shouted repeatedly that he was convinced that the police were there to kill him." Right-wing board to clamp down on woke ideology in cartoons. All rights reserved. This page was last edited on 29 September 2022, at 17:41. [31], An online petition was created by the son of Kenneth Chamberlain Sr. By April 6, 2012, it had received nearly 199,900 signatures. Police arrived at Chamberlain's apartment after being. While the officers were trying to open the door, Life Aid was able to reach Mr. Chamberlains sister, who spoke to Officer Carelli on a cell phone. NEW YORK - Five years ago Kenneth Chamberlain Senior accidentally triggered his medical alert device.What happened next is nothing short of a nightmare for his family. On Nov. 19, 2011, he wound up dead after a 90-minute altercation with White Plains police when his medical aid device was accidentally triggered. Chamberlain's relatives allege worse tauntsincluding "motherfucker" and "I don't give a fuck, nigger"that the defendants denied. The ruling by the 2nd Circuit Court of Appeals, filed Monday, restores claims of unlawful entry and non-lethal excessive force in the Nov. 19, 2011 killing of Chamberlain, a 68-year-old Marine . Cops Beat Black Man After He Grabs For Officers Gun, Police Severely Beat Teen On Tape, But Get Light Charges. Police said that Chamberlain was screaming, emotionally disturbed and that he charged at police with a hatchet and a knife. 3.3.2023 5:30 PM, Joe Lancaster [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]. Officer Anthony Carelli has been identified as the policeman who allegedly shot and killed black, former marine Kenneth Chamberlain Sr. five months ago.