Sign up for free Patch newsletters and alerts. Accessibility | 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. 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. 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. "You ain't no young kid," one said. "I have nothing to say to him, other than 'why did you shoot my father when you know you didn't have to?" She explains the press to the president, preaches Twitter-is-not-real-life, and keeps the West Wing from leaking. Kenneth Chamberlain Killing: White Plains Officer Anthony Carelli Cleared Of Charges In Former Marine Shooting No Charges In The Fatal Shooting Of Former Marine May 3, 2012, 05:17 PM EDT | Updated May 3, 2012 The officer who shot and killed 68-year old Kenneth Chamberlain Sr. in his own apartment was cleared of all criminal charges on Thursday. Martin, who retired in 2013 and was a sergeant at the time of the shooting, said that Carelli was assigned "lethal cover. "[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. While they were trying to open the door, Mr. Chamberlain poked a kitchen knife through the door opening. The officers said Chamberlain charged at Martin, knife in hand, leaving Carelli no choice. Accordingly, this Offices investigation into Mr. Chamberlains death has been closed. Chamberlain grabbed a kitchen knife and remained in his apartment as police tried to force the door, and he demanded they leave him alone. Mr. Chamberlain was 68 years old at the time. 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. In Tennessee, Even Abortion to Save a Womans Life May Be Illegal. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. 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. This Office was one of the districts affected by the SolarWinds intrusion. 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. [emailprotected]. In both cases, an African-American male was . The police became more insistent, and began banging on the door. "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. 3.4.2023 8:00 AM, Reason Staff After the Tasers were deployed, one of the officers fired non-lethal beanbag ammunition rounds, striking Mr. Chamberlain in his chest and thigh. Sign up for NewsOne's email newsletter! Marshals' vans. He wore the medical alert pendant due to a chronic heart problem. In closing arguments, an attorney for White Plains police Officer Anthony Carelli said simply that his client had to shoot. "Yes ma'am, I was already nervous," Carelli said. 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. 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. 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. 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. Despite being warned that he was emotionally disturbed, police began loudly banging on Chamberlains door, causing him to intentionally activate his Life Aid system, thereby preserving his conversation with the companys phone operator in an almost-verbatim transcript. Anthony Carelli is an American poet. Carelli fatally shot Chamberlain inside of his apartment in White Plains, NY after he and several other officers responded to a medical emergency alarm that was mistakenly set off. Continue to fight," he said. "Mentally ill Westchester man killed by cops may not have been wielding knife, new evidence suggests. The police used a master key they obtained from the White Plains Housing Authority, which owned Chamberlain's apartment, to unlock the door. And a chatbot is not a human. 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. 2016 CBS Broadcasting Inc. All Rights Reserved. His father, Kenneth Chamberlain, 68, was killed by Officer Anthony Carelli, 34, who is white, on Nov. 19, 2011. ", Seibel was faulted for dismissing the unlawful entry claim and granting qualified immunity to the officers too early in the case. 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. His family is now suing for damages, and the jury is deliberating in the civil trial in the case. The judges rejected the appeal of Seibel's trial rulingsthat Carelli's display of a gun before the door was breached was not evidence of assault and that Chamberlain's medical records were not admissible, finding she had not abused her discretion. Chamberlain. Chamberlain, a former Marine, had such severe respiratory problems he could not walk a flight of stairs, according to his medical records. He is a graduate of Georgetown University and New York Law School and previously worked in financial securities compliance and Civil Rights employment law. First published on November 16, 2016 / 6:27 PM. 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." Their actions demonstrated that they had no regard for Chamberlain's life, let alone the sanctity of his home. LLC Address Change. Anthony Carelli was born on March 14, 1974 in Mississauga, Ontario, Canada. "It's all relevant," she said. 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.. All Rights Reserved. The appeals court disagreed. White Plains Police now say Anthony Carelli, an 8-year-veteran of the department, was the officer who shot and killed Kenneth Chamberlain. officers leave and the availability of a relative on-site to attempt to defuse the Rick Scott Is Unfortunately Right About Novak Djokovic. Declaring he had a knife and asserting that he only intended to protect himself, Chamberlain began thrusting a knife at the opening in the door and begging the police to leave. 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. 2023 Vox Media, LLC. Chamberlain, 68, died after cops responding to a medical-alert misfire insisted on entering his apartment, although he said he was fine and yelled at them to go away. Chamberlain: "I'm telling you I'm OK, I'm telling you I'm OK.". Kenneth Chamberlain Jr., said for him, they change everything. 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). Now the cops, who had already viewed Chamberlain as a threat requiring "tactical reinforcements," were even more convinced. 17 Jan 2018. Business Formation. "[If there was still an imminent threat] Iwas to use lethal force to stop that imminent threat.". Giving back to the community through a variety of venues & initiatives. 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. McLaughlin questioned whether Chamberlain truly could have been unfazed by four beanbag rounds, notingWhite Plains Police Department training materials that claim a fired beanbag is more powerful than a punch from boxer Mike Tyson. 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. Will others follow? 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. He grew up in Poynette, Wisconsin. Martins life.. This page was last edited on 29 September 2022, at 17:41. Despite the hype about Ron DeSantis surging past Donald Trump, both Republicans look unusually strong at this early stage of the presidential race. Fox News Is Reportedly Shadowbanning Donald Trump. "There were approximately twelve officers in the augmented police force when they attempted to gain entry. While trying to force their way into the apartment, the cops mocked and belittled Chamberlain. Parents and patients are now refuting her key claims. Even when plaintiffs manage to get their day in court, jurors are highly sympathetic to police officers and loath to second-guess their decisions. Biden Dares Republicans to Go After Obamacare and Medicaid. 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. King Charles Evicts Harry and Meghan From House They Dont Live In. [44], Lawyer Mayo Bartlett points out that the White Plains police system wrote their reports to cover up racism and wrongdoing by the officers. 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. Have a tip or story idea? The alleged shooter, Officer Anthony Carelli, is due in court later this month in an unrelated 2008 police brutality case. / CBS New York. The jury began deliberating late Wednesday afternoon and wrapped for the day in the early evening. [12] Chamberlain's family claims the elderly Chamberlain was unarmed,[13] and did not resist. Chamberlain then contacted the LifeAid operator asking them for help. "You can't separate the shooting from what happened before the shooting.". "Because Chamberlain continued to refuse to open his door, the officers radioed for This site is protected by reCAPTCHA and the Google They also found that the decisions to dismiss the excessive force claim against Sgt. Our Office opened an investigation following the decision by a New York State grand jury not to indict any of the officers involved. KENNETH WELLS OBITUARY. "They have their guns out," he told the LifeAid operator. He is an actor and director, known for WWE: OMG! 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. Jacob Sullum is a senior editor at Reason. Dr. Kenneth Edward Wells, PhD Dr. Kenneth Edward Wells, PhD, 83, reposed in the Lord on Monday September 17. McLaughlin also questioned the cops' claim that Chamberlain, a frail 68-year-old, was unfazed by four beanbag rounds. 2023 www.lohud.com. [11], Kenneth Chamberlain Jr. responded, "I'm glad the autopsy is out and shows that my father's hands were at his sides. A grand jury has cleared White Plains Police Officer Anthony Carelli of any wrongdoing in the shooting death of ex-Marine Kenneth Chamberlain Sr, the New York Post reports. 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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. Seeing the heavily armed officers breaking into his apartment despite his insistence that they had no reason to be there, Chamberlain was understandably alarmed. "[32] The petition will be delivered to the County District Attorney for Westchester, Janet DiFiore. Despite his objections and statements that he did not need help, the police broke down Chamberlain's door. According to all four officers who entered the apartment, the object in Mr. Chamberlains right hand was a knife. 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. . "I thought I was going to get stabbed." "You gonna shoot me," he said. His work appeared in AGNI, and The New Yorker. Your email will be shared with newsone.com and subject to its. At every step, the officers seemed determined to turn an accidental medical alertan alert theyknew was accidentalinto a death sentence. 2018. DeSantis Promises Florida Will Control Disney Content. 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. 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.. Florida Republican Wants to Cancel Democrats Over Slavery. [18][19] A camera mounted on the taser captured the tasing, but was not functioning during the shooting. The 4-Day Week Is for White-collar Workers. "Shoot me, come on", Chamberlain said, as officers told him to put the knife down. I am protecting myself." situation, the officers forcibly removed Chamberlain's door from its hinges." 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. 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.". "I was expecting him to reactmore than he did," Carelli said. 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. tactical reinforcements," the 2nd Circuit says. Chamberlain's son, Kenneth Chamberlain Jr., discussed these issues with lawyer Mayo Bartlett on Democracy Now, highlighting the absurdity of the police shooting a person they were summoned to help, as well as the unusual delay in the grand jury investigation. He was born in Deming, New Mexico on July 5, 1935, to E.L . He won a Whiting Award. shot by police in his White Plains apartment, Do Not Sell or Share My Personal Information. The details laid out in the 2nd Circuit's May 29 decision, most of which are uncontested, are damning. 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. Kenneth Chamberlain Sr. was fatally shot by police on November 19, 2011, in White Plains, New York. Anthony Carelli was raised in Poynette, Wisconsin. Hundreds of people violently detained during a protest in the Bronx could receive $21,500 each. Public Service Announcement on Sexual Assault in Public Housing. 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. Jacob Sullum The autopsy, performed by Westchester County Chief Medical Examiner Kunjlata Ashar, also revealed taser burns on Chamberlain's neck and abdomen. 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. But in this case, the cops were supposed to be protecting Chamberlain, the man they killed. Carelli then said 'I fired by duty weapon twice.". The neighbor said that he almost told police to leave Chamberlain alone. At that point, Officer Carelli shot his pistol twice from inside the doorway. "When the testimony is weighed, and all of the testimony is in, Sergeant Martin's story will not be believable," said Randolph McLaughlin. It's brutal, because if you can't be safe here, where can you be safe?". "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. Officer Carelli testified that he was ordered to be the 'lethal cover' as part of a special response team. 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. WATCH A Review Of The Chamberlain Case And Hear Cop Call Him A N***A, 'Dilbert' Comic Creator Calls Black People A 'Hate Group,' Urges Segregation So Whites Can 'Escape', Bernie Mac Show Star Camille Winbush Is Not Ashamed Of Joining OnlyFans, Kyle Rittenhouse Faces 2nd Civil Lawsuit, Continues To Beg For Money From His Supporters, Ben Stein's 'Aunt Jemima' Rant Is A Master Class On White Privilege, Why Did tWitch Kill Himself? Those were the only claims that U.S. District Judge Cathy Seibel had allowed to stand during four years of pre-trial motions. 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. | Martin said Chamberlain told officers, "First one through the door, I'm going to take him with me.". Terms of Service apply. Part of the chaos was caught on police video. ANTHONY LABADIE Agent Address 2017 S PLATINUM AVE, Deming, NM, 88030, USA Directors / Officers. City to Pay Millions to Protesters Kettled by NYPD in 2020. "It was a very fast and evolving situation," Martin responded multiple times as McLaughlin asked about how theofficers forced their way into Chamberlain's apartment. Chamberlain grabbed a kitchen knife and remained in his apartment as police tried to force the door, and he demanded they leave him alone. Mr. Chamberlain was killed during an encounter with police officers from the White Plains Police Department (WPPD) on November 19, 2011.