Chamberlain's family filed the lawsuit after a grand jury declined to indict any of the officers involved in the incident. Kenneth Chamberlain Sr. was fatally shot by police on November 19, 2011, in White Plains, New York. 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. Three years later, the court dismissed several more claims. 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.. officers leave and the availability of a relative on-site to attempt to defuse the Because of this decision, Chamberlain's family will finally be allowed to proceed with their unlawful-entry claims against five officers. Anthony Carelli was born on March 14, 1974 in Mississauga, Ontario, Canada. He grew up in Poynette, Wisconsin. The weight of the evidence indicates that, at the time the shooting took place, the WPPD officers believed that Mr. Chamberlain was threatening Sergeant Martin with a knife and that Officer Carelli believed that Sergeant Martin was in danger of being seriously injured by Mr. Chamberlain. But the cops would not take no for an answer. 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. McLaughlin said he hopes the jury will get the case by the end of the week. His work appeared in AGNI, and The New Yorker. "I don't believe I'd be standing here right now," Martin testified. Cops Beat Black Man After He Grabs For Officers Gun, Police Severely Beat Teen On Tape, But Get Light Charges. This Office was one of the districts affected by the SolarWinds intrusion. Was it "clearly established" at the time that forcibly entering Chamberlain's home without a warrant based on "exigent circumstances" that did not exist violated the Fourth Amendment's ban on "unreasonable searches"? He wants to leave police work because the thought of being placed in another situation that could lead to the use of force is horrifying, Carelli told jurors Monday afternoon. Yet with or without qualified immunity, they may never be held accountable for actions that would send ordinary citizens to prison for life. 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. 3.4.2023 8:00 AM, Reason Staff Click for the original story on the shooting. | "Based on the facts alleged and otherwise before the district court, viewed in Carelli answered 'yes.'. *Sorry, there was a problem signing you up. I didnt raise my gun because I was still hoping Martin could disarm him.. ANTHONY LABADIE, agent; Registry Page Website unavailable outside U.S. White Plains Mayor Tom Roach said he has pushed for a thorough investigation from the start. Carelli is on administrative leave and plans to retire due to post-traumatic stress related to the incident. A Whistleblowers Claims About a St. Louis Transgender Center Are Under Fire. ABC7 New York 24/7 Eyewitness News Stream. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. Two sources with knowledge of the investigation identified Carelli as theshooter. Carelli and three other officers were cleared of criminal misconduct. 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. "[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. "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. SHOOTING: Sergeat was prepared to fire gun at Chamberlain, TRIAL OPENS: Jury selected in Chamberlain case. "Because justice delayed is not justice denied. After police say Chamberlain lunged at Sergeant Keith Martin, Officer Anthony Carelli fired the fatal shots. Florida Republican Wants to Cancel Democrats Over Slavery. Concerned the sergeant would be seriously hurt or killed, Carelli raised his weapon. Once Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlains wrist to make him drop the knife. Accordingly, this Offices investigation into Mr. Chamberlains death has been closed. Its part of campaign to smoke out and then attack unpopular Republican cuts. Chamberlain then contacted the LifeAid operator asking them for help. Recent filings for LABADIE ELECTRIC, LLC. After the jury found Murdaugh guilty of murdering his wife and son, he was given two consecutive life sentences. [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. 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. "It's all relevant," she said. Chamberlain's relatives allege worse tauntsincluding "motherfucker" and "I don't give a fuck, nigger"that the defendants denied. The U.S. Court of Appeals for the Second Circuit on May 29 refused to dismiss a slew of claims against a group of White Plains police officers for their role in the death of Kenneth Chamberlain Sr., a mentally ill African American man who was shot and killed in his own home after accidentally setting off his emergency medical alert system. "Don't give up. Far from showing compassion for a man they supposedly were trying to help, they taunted him. ", "My understanding was I was the last option," Carelli testified. It was the duty of these officers to avoid it, and they failed abysmally. Chamberlain. 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. He said Sergeant Martin yelled 'knife, knife knife." The president surprised and angered some Democrats by declining to veto a GOP effort to block a D.C. bill. [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. [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.'" Another neighbor said he heard Chamberlain repeatedly tell police that he was fine before they broke down the door. All I could do was save Sgt. ", Seibel was faulted for dismissing the unlawful entry claim and granting qualified immunity to the officers too early in the case. "They're gonna open it anyway.". The autopsy report indicates that Mr. Chamberlains death was caused by the bullet shot by Officer Carelli. "Regardless, the outcome remains tragic.". Making sure that victims of federal crimes are treated with compassion, fairness and respect. 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. Despite his objections and statements that he did not need help, the police broke down Chamberlain's door. / CBS New York. Officer Carelli grabbed the knife with bolt cutters and tossed it out of reach. 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. 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 was killed in his own home. Officer Carelli testified that he was ordered to be the 'lethal cover' as part of a special response team. "Shoot me, come on", Chamberlain said, as officers told him to put the knife down. All rights reserved. Chamberlain told them through the door, he did not call them, did not require assistance, was not having a medical emergency, and asked them to leave. Will others follow? 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. White Plains - Jury 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). 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. That is when officers claimed that Chamberlain advanced towards them with a knife, which in turn made officer Carelli shoot Chamberlain. [39] The appellate court heard argument on March 22, 2018. Privacy Policy and Police were responding to Chamberlain's medical alert system on Nov. 19, 2011 when he wound up . 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. [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. "I thought I was going to get stabbed.". 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. 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. On the Chamberlain tape, someone can reportedly be heard using the n-word while attempting to get inside the apartment. 3.3.2023 4:50 PM, 2022 Reason Foundation | While trying to force their way into the apartment, the cops mocked and belittled Chamberlain. Police tasered and shot Chamberlain with a beanbag gun before he was fatally shot in the chest twice. handling the case said the slur was intolerable but not criminal. "They're gonna make entry anyway," the dispatcher replied. 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. 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." tactical reinforcements," the 2nd Circuit says. 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. Keith Martin, officers on the scene said in incident reports filed afterwards. Walgreens Wont Sell Abortion Pills in Red States Even Where Its Legal. [11], Kenneth Chamberlain Jr. responded, "I'm glad the autopsy is out and shows that my father's hands were at his sides. Chamberlain called LifeAid, saying, "The White Plains Police Department [is] banging on my door and I did not call them and I am not sick." "Instead of treating Chamberlain as a critically ill patient," the 2nd Circuit observes, "the officers acted as though he were a criminal suspect." [20] Chamberlain later died in surgery at White Plains Hospital. Martin said Chamberlain thrusta knife through the doorway as officers broke down the door. While they were trying to open the door, Mr. Chamberlain poked a kitchen knife through the door opening. 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. It underscored that the Floyd case represents allthe "extrajudicial killings and summary executions" of the past decades that have made the killings of blacks "a pandemic just like COVID-19," Chamberlain said. 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. Click here to report information on Amazon warehouses. Chamberlain grabbed a kitchen knife to fend off the intruders. While one of the officers was alleged to have used a racial slur in communicating with Mr. Chamberlain, that officer was not involved in the shooting, and none of the other officers present heard the use of such a slur. If the leading exemplar of chutzpah is the legal strategy of a man who murders his parents and pleads for mercy because he is now an orphan, the defense used by the cops in this case has to count as a close second. Sign up for free Patch newsletters and alerts. 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. 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. 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. Police tased him, and then shot him with a bean bag round fired from a shotgun. Its all about not looking soft on crime. 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 autopsy, performed by Westchester County Chief Medical Examiner Kunjlata Ashar, also revealed taser burns on Chamberlain's neck and abdomen. 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. Privacy Policy | At the time this occurred, Sergeant Fottrell had turned on his Taser, which automatically activated the video recording device on the Taser. 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. One St. Andrews Plaza - New York, NY 10007, Human Trafficking & Child Sexual Exploitation, Department of Justice Harassment Prevention Resource. The police continued to bang on the door, and then attempted to force it open for approximately one hour. Taking the stand in a $21 million wrongful death suit, Officer Carelli was asked if he shot and killed Mr. Chamberlain. Copyright 2023 WABC-TV. Biden Chooses Crime Messaging Over D.C. Home Rule. They took his door down,. After the Tasers were deployed, one of the officers fired non-lethal beanbag ammunition rounds, striking Mr. Chamberlain in his chest and thigh. Police alleged Chamberlain came at them with a butcher knife when they broke down the door. 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. 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. 2016 CBS Broadcasting Inc. All Rights Reserved. ANTHONY LABADIE Agent Address 2017 S PLATINUM AVE, Deming, NM, 88030, USA Directors / Officers. 2023 Vox Media, LLC. The Tasers failed to incapacitate Mr. Chamberlain, as only one of the two barbs fired from the weapon connected with Mr. Chamberlains body. The Biden administrations policy of blocking unvaccinated people from the country continues to make little sense. All Rights Reserved. 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.