From the April 2023 issue, Billy Binion All Rights Reserved. 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. Will the Cops Who Killed Kenneth Chamberlain After Illegally Breaking Kenneth Chamberlain Sr., Several police officers, Medical alert operator, Sister of Kenneth Chamberlain Sr. Carelli and three other officers were cleared of criminal misconduct by a Westchester County grand jury, but one officer was fired for using a racial slur during the confrontation. 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. She heard Chamberlain say he was going to commit suicide on the night he died. Debra Cohen, one of the Chamberlain family's lawyers, asked him if he was nervous after the first beanbag hit Chamberlain with little effect. It sparked a war of words that quickly got personal. He grew up in Poynette, Wisconsin. "Instead of treating Chamberlain as a critically ill patient," the 2nd Circuit observes, "the officers acted as though he were a criminal suspect." Click here to report information on Amazon warehouses. 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. Rick Scott Is Unfortunately Right About Novak Djokovic. 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. "You a grown-ass man." He teaches at New York University. Officer tells jurors about shooting 68-year-old military veteran Password must be at least 8 characters and contain: As part of your account, youll receive occasional updates and offers from New York, which you can opt out of anytime. 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. He stated that the White Plains Police employees were going to enter his home and kill him. "Every time we come to the door he sticks a knife out," one of them complained. "Because Chamberlain continued to refuse to open his door, the officers radioed for The evidence from the investigation reveals the following: At approximately 5:00 a.m. on November 19, 2011, a medical alert company, Life Aid, received an alert from the console in Mr. Chamberlains apartment in the Winbrook Houses complex on South Lexington Avenue in White Plains. Making sure that victims of federal crimes are treated with compassion, fairness and respect. [20] Chamberlain later died in surgery at White Plains Hospital. RAW 2011 (2010) and WWE Saturday Morning Slam (2012). Because of this decision, Chamberlain's family will finally be allowed to proceed with their unlawful-entry claims against five officers. Donald Trump 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. Here, Appellant has plausibly alleged that the officers warrantless entry into Chamberlains home was not justified by exigent circumstances and was, therefore, a violation of his clearly established rights under the Fourth Amendment.. The case went to trial on November 7, 2016. Chamberlain suffered from emphysema, osteoarthritis, and had a history of mental health issues. Concerned the sergeant would be seriously hurt or killed, Carelli raised his weapon. The 68-year-old black, retired U.S. Marine lived alone and suffered from mental illness. The former VP has an extremely narrow path to viability in 2024. Parents and patients are now refuting her key claims. 2023 www.lohud.com. Police also reported that even as they tried to subdue him, he attempted to cut his own throat with the knife. "They're gonna make entry anyway," the dispatcher replied. The 68-year-old, former . 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. "[20] On February 15, 2012, Kenneth Chamberlain Jr. said his lawyers had filed a notice of claim informing the city, White Plains Public Safety Department, and White Plains Housing Authority to expect the wrongful death lawsuit. Your California Privacy Rights / Privacy Policy. They will decide the outcome of a $21 million federal suit brought by family of Kenneth Chamberlain Sr., 68, who was killed by White Plains police officer Anthony Carelli, 34, on Nov. 19, 2011 . [11], Kenneth Chamberlain Jr. responded, "I'm glad the autopsy is out and shows that my father's hands were at his sides. The statements of the other officers present corroborate Officer Carellis account namely, that Mr. Chamberlain had a knife and that he advanced toward Sergeant Martin with that knife before Officer Carelli shot his pistol. "[If there was still an imminent threat] Iwas to use lethal force to stop that imminent threat.". 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. Dr. Kenneth Edward Wells, PhD Dr. Kenneth Edward Wells, PhD, 83, reposed in the Lord on Monday September 17. In the context of this case, to establish a violation of federal law, the Department of Justice would be required to establish beyond a reasonable doubt that, at the time of the shooting, Officer Carelli lacked probable cause to believe that Mr. Chamberlain posed a significant threat of death or serious physical injury to the officer or to others, and that Officer Carelli willfully deprived Mr. Chamberlain of his right to be free from excessive force. The Life Aid operator stayed on the line for approximately 40 minutes while also attempting to contact Mr. Chamberlains sister. The officers were responding to a 911 call at a location that was the source of prior [emotionally disturbed person] calls. 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. Grand Jury Hears Kenneth Chamberlain Sr. Case as Autopsy Casts Further His family is now suing for damages, and the jury is deliberating in the civil trial in the case. Carelli and the city of White Plains are on trial as part ofa $21 million wrongful death lawsuit filed by the family of Chamberlain, who was fatally shot by Carelli on Nov. 19, 2011, after an hour-long confrontationat Chamberlain's apartment at135 S.Lexington Ave. Carelli, as well as now-retired sergeant Keith Martin, testified Monday in the case. Nowhere is the lab-leak debate more personal than among the experts investigating the origins of COVID. One of the bullets shot by Officer Carelli hit Mr. Chamberlain and fatally wounded him. Kenneth Chamberlain Case Update White Plains - July selections went quickly Monday in the $21 million civil case in the Summary Execution of Kenneth Chamberlain Sr., by White Plains Police Officer Anthony Carelli, on Nov. 19, 2011 at the Charles L. Brieant United States Courthouse (300 Quarrapas Street, White Plains). Officer Carelli testified that he was ordered to be the 'lethal cover' as part of a special response team. 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. The Chamberlain family is asking for compensatory and punitive damages from Officer Carelli and the City of White Plains. Kate Bedingfield, Bidens Translator, Leaves the White House. Privacy Policy | The Biden administrations policy of blocking unvaccinated people from the country continues to make little sense. While trying to force their way into the apartment, the cops mocked and belittled Chamberlain. [7] They visited a now-vacant public housing high-rise on South Lexington Avenue in White Plains, where Kenneth Chamberlain Sr. was killed by police five years ago. At the time this occurred, Sergeant Fottrell had turned on his Taser, which automatically activated the video recording device on the Taser. White Plains officer who killed ex-Marine identified handling the case said the slur was intolerable but not criminal. 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. After an hour-long impasse, "despite Chamberlain's repeated pleas that the He promised to kill anyone coming in. [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. [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.'" Chamberlain repeatedly told the cops at the door he had not called for help and did not need it. [44], Lawyer Mayo Bartlett points out that the White Plains police system wrote their reports to cover up racism and wrongdoing by the officers. Chamberlain was a 68-year-old, black, retired Marine, and a 20-year veteran of the Westchester County Department of Corrections. 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. All I could do was save Sgt. "I thought I was going to get stabbed." Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that there is insufficient evidence to pursue federal criminal charges in connection with the fatal shooting of Kenneth Chamberlain. He graduated from University of Wisconsin-Madison, and from New York University. Plays Incompetent Willy Wonka at CPAC. Martin said Chamberlain told officers, "First one through the door, I'm going to take him with me.". Killing: DA Will Present Cops' Shooting Of Former Marine To Grand Jury", "Kenneth Chamberlain's shooter cleared of all charges", "Police officer cleared in shooting death of ailing veteran in New York", "White Plains Police Cleared in Killing of Kenneth Chamberlain", "Medical alert device records police shooting", "Fatal Shooting of Ex-Marine by White Plains Police Raises Questions", "The Killing of Kenneth Chamberlain (2020) - IMDb", "DA Will Present White Plains' Chamberlain Shooting to Grand Jury", "Marine veteran Kenneth Chamberlain Sr. killed after clash with police who responded to his medical emergency", "Kenneth Chamberlain autopsy contradicts police, family lawyer says", "New York shooting of elderly man draws parallels to Trayvon Martin case", Graham Rayman. Get browser notifications for breaking news, live events, and exclusive reporting. All rights reserved. "Regardless, the outcome remains tragic.". According to all four officers who entered the apartment, the object in Mr. Chamberlains right hand was a knife. He won a Whiting Award. Police tasered and shot Chamberlain with a beanbag gun before he was fatally shot in the chest twice. Fox News Is Reportedly Shadowbanning Donald Trump. Another neighbor said he heard Chamberlain repeatedly tell police that he was fine before they broke down the door. She explains the press to the president, preaches Twitter-is-not-real-life, and keeps the West Wing from leaking. But the judges declined to reverse Seibel on her dismissal of the claim against White Plains for failing to have a policy for dealing with emotionally disturbed people who barricade themselves in their homes, agreeing that did not show a deliberate indifference by the city. | 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. WHITE PLAINS, New York (WABC) -- A medical call to a White Plains Police back in November of 2011 turned into an hour-long standoff. Continue to fight," he said. Once Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlains wrist to make him drop the knife. ruled that Chamberlain's lawyers cannot mention the slurs, Your California Privacy Rights / Privacy Policy. Sign up for NewsOne's email newsletter! Exactly the opposite of what the cops did in White Plains. Officer Carelli testified he 'charged Sergeant Martin with a knife in his hand." Life. 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. Your email will be shared with newsone.com and subject to its. 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. He wore the medical alert pendant due to a chronic heart problem. 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.. McLaughlin also questioned the cops' claim that Chamberlain, a frail 68-year-old, was unfazed by four beanbag rounds. Anthony Carelli, Actor: WWE: OMG! ", Seibel was faulted for dismissing the unlawful entry claim and granting qualified immunity to the officers too early in the case. A White Plains police officer told a jury that he "had no other option" but to shoot Kenneth Chamberlain Sr. during a 2011 standoff because he believed the man was about to harm a police sergeant. Things you buy through our links may earn Vox Media a commission. Emily Kohrs didnt do anything wrong, and the medias harsh treatment of the Fulton County foreperson was a gift to Trumps lawyers. Training in those techniques reportedly is one of the reforms favored by Republican senators. 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. "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. - The Top 50 Incidents in WWE History (2011), WWE SmackDown vs. Martin said he fired four beanbags at Chamberlain in an effort to force him to at least one knee so officers could diffuse the situation. U.S. Attorney's Office Closes Investigation Into The Death Of Kenneth The LifeAid operator called the police dispatcher, trying to cancel the supposed rescue attempt. Copyright 2023 Interactive One, LLC. Carelli is on administrative leave and plans to retire due to post-traumatic stress related to the incident. [24], In May 2012, White Plains mayor Thomas Roach announced that he would bring in "outside experts to do a broad review of" policy for the city's police department. Chamberlain needed urgent medical attention," the 2nd Circuit says. 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 pendant while sleeping in his White Plains, New York, apartment. Click here for information on the investigation into the Mount Vernon Police Department. SEE ALSO: Cops. ". Mr. Chamberlain was 68 years old at the time. Biden Dares Republicans to Go After Obamacare and Medicaid. 2023 www.lohud.com. Taking the stand in a $21 million wrongful death suit, Officer Carelli was asked. It was the duty of these officers to avoid it, and they failed abysmally. Kenneth Wells Obituary (2018) - Albuquerque, NM - Albuquerque Journal After the Tasers were deployed, one of the officers fired non-lethal beanbag ammunition rounds, striking Mr. Chamberlain in his chest and thigh. The sergeant yelled out, Knife, knife, knife!, Carelli testified, which, he said, led him to believe Martin had been stabbed. 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. After the jury found Murdaugh guilty of murdering his wife and son, he was given two consecutive life sentences. [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. [31], An online petition was created by the son of Kenneth Chamberlain Sr. By April 6, 2012, it had received nearly 199,900 signatures. This Office analyzed these issues under the standard applicable to criminal cases, which is proof beyond a reasonable doubt. | An autopsy released yesterday showed he had a blood. [43], Demonstrations were held to protest racism and dereliction of duty by District Attorney Janet DiFiore. Seventeen minutes later, police officers arrived to help Chamberlain. At every step, the officers seemed determined to turn an accidental medical alertan alert theyknew was accidentalinto a death sentence. 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. Kenneth Chamberlain Jr., son of Kenneth Chamberlain, who was shot dead by . When a slap lock prevented the door from opening completely, the cops used a Halligan bar to stop Chamberlain from closing it. N.Y. Police Shooting Case Revived Week After Floyd's Death (1) He said Sergeant Martin yelled 'knife, knife knife." I didnt raise my gun because I was still hoping Martin could disarm him.. Martin said Chamberlain thrusta knife through the doorway as officers broke down the door. 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. Anthony Carelli - Wikipedia "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.". Throughout the entire incident, an audio recording was made by a LifeAid device in the home. Grand Jury Considering Whether White Plains Cop Committed Crime In He was born in Deming, New Mexico on July 5, 1935, to E.L . After a nearly 90-minute standoff, police broke down Chamberlain's door and found him armed with a kitchen knife, according to police accounts. Part of the chaos was caught on police video. In both cases, an African-American male was . Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. "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. Today, the White Plains public safety commissioner identified the officer who fired on Chamberlain as Anthony Carelli, who the Daily News reports is a defendant in an unrelated police brutality and racismcase. 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. Since the officers qualified immunity defense is not clearly established by allegations in the Amended Complaint as augmented by the relevant recordings, the district court erred in applying it in the context of the Rule 12(b)(6) motion to dismiss, the court said. Taking the stand in a $21 million wrongful death suit, Officer Carelli was asked if he shot and killed Mr. Chamberlain. Receiving no response, the operator then called the WPPD and informed the dispatcher that she had received a medical alert from Mr. Chamberlains apartment and that Mr. Chamberlain had not responded to her call. All rights reserved. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. 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. Seeing the heavily armed officers breaking into his apartment despite his insistence that they had no reason to be there, Chamberlain was understandably alarmed. "They're gonna open it anyway.". Copyright 2023 Interactive One, LLC. 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.