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On November 17, 2016, a federal jury in a civil case filed by Mr. Chamberlains family concluded that the City of White Plains and the officer who shot Mr. Chamberlain were not liable for the death of Mr. Chamberlain. He graduated from University of Wisconsin-Madison, and from New York University. 2018. KENNETH WELLS OBITUARY. WHITE PLAINS, New York (WABC) -- A medical call to a White Plains Police back in November of 2011 turned into an hour-long standoff. It sparked a war of words that quickly got personal. Police tased him, and then shot him with a bean bag round fired from a shotgun. [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. Second Circuit QI Order by Law&Crime on Scribd, Have a tip we should know? Stephen Fottrell were premature. He was killed about an hour after accidentally triggering his medical-alert device, when police broke down his door and tried to subdue him as he insisted he was fine, became agitated and thrust a knife at them. The district court thought not. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. A Florida bill takes a ridiculous GOP argument to the extreme, aiming to eliminate the Democratic Party for its ancient ties to white supremacy. LLC Address Change. 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.". He wore the medical alert pendant due to a chronic heart problem. And Chamberlain himself firmly and repeatedly informed the officers that he had not called for help and was not in need of assistance of any kind, let alone urgent medical aid.". The Daily News said that Carelli, a Harrison resident, is currently the subject of a $10 million lawsuit for police brutality stemming from an incident outside Black Bear Saloon in 2008. Rick Scott Is Unfortunately Right About Novak Djokovic. 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. Their actions demonstrated that they had no regard for Chamberlain's life, let alone the sanctity of his home. At Chamberlain's home, police knocked on his door. It does not specifically upset the jury's verdict in 2017 that White Plains and police Officer Anthony Carelli were not liable for excessive force, assault and batterywhen he fired the fatal shots. The police became more insistent, and began banging on the door. The Life Aid operator stayed on the line for approximately 40 minutes while also attempting to contact Mr. Chamberlains sister. Right-wing board to clamp down on woke ideology in cartoons. 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. | Damon K. Jones, representing Blacks in Law Enforcement of America, demanded that DiFiore be investigated by Preet Bharara's office. The autopsy found "no drugs of abuse" in Chamberlain's system. [21] Chamberlain's blood contained alcohol content of 0.11, and the muscle-relaxant cyclobenzaprine. Upon breaking down his door, they entered Chamberlain's apartment. 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. Kenneth Chamberlain Sr. was fatally shot by police on November 19, 2011, in White Plains, New York. [37][38] The family has appealed, arguing that the judge improperly excluded evidence. Biden Embraces the Fearmongering, Vows To Squash D.C.'s Mild Criminal Justice Reforms, The Flap Over Biden's Comment About 2 Fentanyl Deaths Obscures Prohibition's Role in Causing Them, Conservatives Turn Further Against WarExcept Maybe With Mexico. He said Sergeant Martin yelled 'knife, knife knife." The Life Aid operator informed the police dispatcher that Chamberlain was not in need of medical assistance. The officers called for additional back-up, and four additional officers were dispatched to the apartment with tactical gear, including Police Officers Anthony Carelli and Steven Hart, and Sergeant Stephen Fottrell. During a press conference, the mayor said his words about not believing in the separation of church and state were just his own beliefs. Funeral services held for NJ councilwoman Eunice Dwumfour, Tesla recalls almost 3,500 Model Y cars for loose bolts, Tom Sizemore dead at 61 after suffering brain aneurysm. No indictment sends a very strong message to the people of Westchester County regarding police misconduct, brutality and criminality, said Chamberlains son, Kenneth Jr., according to The Post article. He works in Brooklyn. Once Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlains wrist to make him drop the knife. Chamberlain's son, who sued the city, Carelli and six other officers in 2012, hailed the ruling. Vish Burra, the congressmans director of operations, met me on Staten Island to explain the plan to make Santos president? "I thought I was going to get stabbed." Jerry Lambe is a journalist at Law&Crime. In response, police officers, firefighters, and emergency medical technicians were dispatched. While trying to force their way into the apartment, the cops mocked and belittled Chamberlain. 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." | . At this point, "Chamberlain was standing some six to eight feet behind the doorway wearing only a pair of boxer shorts." "[32] The petition will be delivered to the County District Attorney for Westchester, Janet DiFiore. Randolph McLaughlin, one of the Chamberlain family's lawyers, peppered Martin with questions about the sequence of events and the movement of everyone inside the apartment building lobby and the apartment itself. He has been married to Anna Babji since November 2015. The suit comes less than two months after a Westchester County grand jury decided not to indict Police Officer Anthony Carelli for the shooting. "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.". Your email will be shared with newsone.com and subject to its. . Our Office opened an investigation following the decision by a New York State grand jury not to indict any of the officers involved. Throughout the entire incident, an audio recording was made by a LifeAid device in the home. handling the case said the slur was intolerable but not criminal. Far from showing compassion for a man they supposedly were trying to help, they taunted him. Walgreens Wont Sell Abortion Pills in Red States Even Where Its Legal. A comprehensive new government study concludes that the illness probably wasnt caused by foreign adversaries. At that point, Officer Carelli shot his pistol twice from inside the doorway. An ambulance and a police officer were dispatched to the scene. Sign up for free Patch newsletters and alerts. 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. Officer Carelli testified that he was ordered to be the 'lethal cover' as part of a special response team. I have nothing to say to him, other than, 'Why did you shoot my father when you didn't have to?' [7] "Regardless, the outcome remains tragic.". 6.11.2020 1:50 PM. In a situation like this, jurors tend to side with the police, whom they view as brave public servants risking their lives to protect the community. 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. 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. 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. Giving back to the community through a variety of venues & initiatives. It absolutely shows that my father wasn't the aggressor and that deadly force was not necessary. Making sure that victims of federal crimes are treated with compassion, fairness and respect. "[11], In 2012, a grand jury reviewed the case and decided that no criminal charge would be made against police officers involved in the killing. On the Chamberlain tape, someone can reportedly be heard using the n-word while attempting to get inside the apartment. It runs through Iowa following the course set by Huckabee, Santorum, and Cruz. Accident, mistake, fear, negligence, or bad judgment is not sufficient to establish a federal criminal civil rights violation. At least one officer acknowledged that information, saying, "Mr. Chamberlain, your medical alert went off accidentally." 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." "The law was clearly established at the time of entry that a warrantless entry into a private dwelling, absent exigent circumstances, is unlawful," the 2nd Circuit says. The city threw out a Democratic mayor for the first time in decades. "You gonna shoot me," he said. 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. 18 Jan 2018. He wore the medical alert pendant due to a chronic heart problem. Donald Trump Jr. [18][19] A camera mounted on the taser captured the tasing, but was not functioning during the shooting. Exactly the opposite of what the cops did in White Plains. Randolph McLaughlin, the lawyer representing Chamberlain's family, disputed that account, saying Chamberlain was on the floor when he was shot. The Californians have been booted from Frogmore Cottage because the king (or the character invented by the U.K. press) has had enough of their abuse. / CBS New York. Terms Of Use, Kenneth Chamberlain Jr., whose father was killed by White Plains police in 2011 (Bryan Smith/Zuma Press/Newscom). You\'ll receive the next newsletter in your inbox. Parents and patients are now refuting her key claims. 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. Click here to report information on Amazon warehouses. 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. After an hour-long impasse, "despite Chamberlain's repeated pleas that the 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. 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. Chamberlain's family filed the lawsuit after a grand jury declined to indict any of the officers involved in the incident. 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." The non-lethal rounds did not incapacitate Mr. Chamberlain and he started to advance toward Sergeant Martin with the knife. 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. Cops were responding to Chamberlains medical alert system and claim he came at them with a knife after an hour-long standoff. Officer Carelli grabbed the knife with bolt cutters and tossed it out of reach. "You got your gun ready." 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 . The Circuit Court determined that Kenneth Chamberlain Jr., the administrators Chamberlain Sr.s estate,pleaded a plausible claim for unlawful entry by defendants Carelli, Hart, Demchuk, Fottrell, and Martin.. 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. "When the testimony is weighed, and all of the testimony is in, Sergeant Martin's story will not be believable," said Randolph McLaughlin. Police are heard pounding on the door over the life alert system. "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." First published on November 16, 2016 / 6:27 PM. SEE ALSO: Cops. Unable to contact Chamberlain via its two-way audio box, LifeAid called the White Plains Department of Public Safety. At approximately 5:25 a.m., Life Aid received a second call from Mr. Chamberlain, who stated, I have the White Plains Police Department banging on my door and I did not call them, and I am not sick. Life Aid attempted to cancel the dispatch, but the WPPD dispatcher informed Life Aid that the police officers needed to enter the apartment to make sure Mr. Chamberlain was not in distress. When the police . He offered gold-wrapped candy bars in a stunt that showed he isnt a worthy successor to his dad. Officers Anthony Carelli, Maurice Love, Steven Demchuk, Marek Markowski, Sergeants Stephen Fottrell and Keith Martin, and Lieutenant James Spencer were named as defendants. His family is now suing for damages, and the jury is deliberating in the civil trial in the case. The Key Moments From Alex Murdaughs Testimony and Murder Trial. During that time period, the recordings captured the near constant communications between the police officers trying to enter the apartment and Mr. Chamberlain, who refused to open the door. Chamberlain only had a "minor flinch" after the first beanbag round hit him in the thigh, though, Carelli said. [40], In June 2020, an appellate court ruled that the federal judge erred when she dismissed some of the claims in the lawsuit filed in 2011. Nowhere is the lab-leak debate more personal than among the experts investigating the origins of COVID. George Santoss Nasty Twitter Battle With Fellow New York Republicans. There is no physical or other evidence that contradicts these accounts, nor is there any video of the shooting itself, as the Taser video stopped recording after the Tasers were deployed. In 2018 the Justice Department closed its investigation of the incident, concluding that there was insufficient evidence to charge any of the officers. Nine years later, Chamberlain's family is still trying to hold the officers who shot him dead after breaking into his home for no discernible reason accountable for their egregious actions that day, which needlessly turned an erroneous medical call into a lethal confrontation. His poems have appeared in various publications including The New Yorker, AGNI, The Paris Review, Commonweal, and BOMB.His first book, Carnations, was a finalist for the Levis Reading Prize. Seventeen minutes later, police officers arrived to help Chamberlain. The 4-Day Week Is for White-collar Workers. Or to keep it anonymous, click here. A full investigation is owed to the late Mr. Chamberlain, and his family, the police officers involved and our community, said Roach, in . This is the highest standard of intent imposed by law, and is different from and higher than the intent standard under relevant state statutes. Carelli and the city of White Plains are on trial as part of a $21 million wrongful death lawsuit filed by the family of Chamberlain, who was fatally shot by Carelli on Nov. 19, 2011, after. The 2nd Circuit also ruled that the facts regarding the use of beanbag rounds need to be developed more before deciding whether the officer who fired them at Chamberlain should receive qualified immunity for that use of force. 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. Kenneth Chamberlain later died. The officers refused to let Chamberlain talk to his niece, who lived in the same building, or his sister, who was on the line with LifeAid from her home in North Carolina. They could hear Chamberlain yelling things that indicated that he was in psychological distress, but they had no information suggesting he was in physical danger, the court said. A News source says thats notCarelli. The Chamberlain family is asking for compensatory and punitive damages from Officer Carelli and the City of White Plains. 2023 CBS Broadcasting Inc. All Rights Reserved. At that point, I had no other option, Carelli testified. Seeing the heavily armed officers breaking into his apartment despite his insistence that they had no reason to be there, Chamberlain was understandably alarmed. Less than two hours later, a dozen police officers in tactical gear forced their way into his apartment and shot him to death. Chamberlain Sr., 68, was shot and killed by Carelli after police said Chamberlain Sr. charged at another officer with a knife after an hour-long standoff at his 135 S. Lexington Ave.. He was a very kind man," said neighbor Cheryl Williams. 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. According to police, Chamberlain charged at them with a knife and he was tasered, and then fatally shot. Carelli is already scheduled to appear in court later this month-- not for the killing of Chamberlain however, but for a federal police brutality case stemming from a separate 2008 incident. "The officers outside of his apartment knew that the Life Alert system had been activated accidentally. "Because justice delayed is not justice denied. The autopsy, performed by Westchester County Chief Medical Examiner Kunjlata Ashar, also revealed taser burns on Chamberlain's neck and abdomen. Like our content? Responding to the erroneous medical alert, the police dispatcher sent an ambulance and a squad car to Chamberlain's apartment. 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Sgt. 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. They argued that their armed invasion of Chamberlain's home was justified based on the "emergency aid" exception to the Fourth Amendment's warrant requirement, meaning the "aid" that Chamberlain did not need and did not want. Their transcript of the incident omitted Hart's use of the word "nigger," as well as the information that the original call had been for a medical emergency. After police say Chamberlain lunged at Sergeant Keith Martin, Officer Anthony Carelli fired the fatal shots. 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. 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. He was killed last November. "He would sit out here with the other elders. 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. "They're gonna open it anyway.". 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. All rights reserved. Jacob Sullum is a senior editor at Reason. Upon arriving at Mr. Chamberlains apartment, the officers banged on the door and asked to be admitted to confirm he did not need assistance, but Mr. Chamberlain refused to allow the officers to enter the apartment. 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.. When Chamberlain began charging toward Martin with a butcher knife in hand, Carelli testified he had but a second to decide whether to open fire. All Rights Reserved. Chamberlain was a 68-year-old, black, retired Marine, and a 20-year veteran of the Westchester County Department of Corrections. What is de-escalation? FLOYD: George Floyd died from asphyxiation, family autopsy finds, PROTESTS: Thousands march in New York City, METRO-NORTH: Union frontline workers say trains dangerously overcrowded. 2023 www.lohud.com. [44], Lawyer Mayo Bartlett points out that the White Plains police system wrote their reports to cover up racism and wrongdoing by the officers. When Chamberlain repeatedly told the cops that he was OK, one of them replied, I dont give a f**k n***a. The local D.A. Your California Privacy Rights / Privacy Policy. At every step, the officers seemed determined to turn an accidental medical alertan alert theyknew was accidentalinto a death sentence.