Seeing the heavily armed officers breaking into his apartment despite his insistence that they had no reason to be there, Chamberlain was understandably alarmed. "I thought I was going to get stabbed.". The case went to trial on November 7, 2016. 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. | 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. 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. The district court thought not. Dr. Kenneth Edward Wells, PhD Dr. Kenneth Edward Wells, PhD, 83, reposed in the Lord on Monday September 17. But attorney Randolph McLaughlin said photos of Chamberlain's body bearing the marks of four shotgun blasts with beanbag loads means Chamberlain was down and powerless where he was killed. Taking the stand in a $21 million wrongful death suit, Officer Carelli was asked. At that point, Officer Carelli shot his pistol twice from inside the doorway. [44], Lawyer Mayo Bartlett points out that the White Plains police system wrote their reports to cover up racism and wrongdoing by the officers. Our Office opened an investigation following the decision by a New York State grand jury not to indict any of the officers involved. This email will be used to sign into all New York sites. 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. Sign up for NewsOne's email newsletter! 3.3.2023 5:30 PM, Joe Lancaster ", "My understanding was I was the last option," Carelli testified. Police are heard pounding on the door over the life alert system. I am protecting myself." Sgt. Another neighbor said he heard Chamberlain repeatedly tell police that he was fine before they broke down the door. 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. Chamberlain. Mr. Chamberlain was killed during an encounter with police officers from the White Plains Police Department (WPPD) on November 19, 2011. 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. That outcome was completely avoidable, regardless of what Chamberlain did after the officers illegally broke into his home. 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. 17 Jan 2018. Business Formation. "He was killed in his own home. Biden Chooses Crime Messaging Over D.C. Home Rule. 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. Chamberlain grabbed a kitchen knife and remained in his apartment as police tried to force the door, and he demanded they leave him alone. He teaches at New York University. 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. The White Plains Department of Public Safety has confirmed Officer Anthony Carelli as the cop who fatally shot former marine Kenneth Chamberlain Sr. Police, however, did not confirm whether. First published on November 16, 2016 / 6:27 PM. 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. The Chamberlain family is asking for compensatory and punitive damages from Officer Carelli and the City of White Plains. All Rights Reserved. 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 Life Aid operator stayed on the line for approximately 40 minutes while also attempting to contact Mr. Chamberlains sister. Works . After a two-hour standoff, officers forced their way through his door. 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. The officers said Chamberlain charged at Martin, knife in hand, leaving Carelli no choice. 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. [28][29], Chamberlain's family asked U.S. Attorney General Eric Holder and U.S. Attorney Preet Bharara for a "criminal investigation," and in May 2012 the U.S. Attorney's Office announced that it would investigate whether federal civil rights law was violated. Part of the chaos was caught on police video. Cops Beat Black Man After He Grabs For Officers Gun, Police Severely Beat Teen On Tape, But Get Light Charges. Officer Anthony Carelli has been identified as the policeman who allegedly shot and killed black, former marine Kenneth Chamberlain Sr. five months ago. Chamberlain's family filed the lawsuit after a grand jury declined to indict any of the officers involved in the incident. The neighbor said that he almost told police to leave Chamberlain alone. Chamberlain then contacted the LifeAid operator asking them for help. 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. Carelli and three other officers were cleared of criminal misconduct. He is a graduate of Georgetown University and New York Law School and previously worked in financial securities compliance and Civil Rights employment law. View Alan Chamberlain's record in Deming, NM including current phone number, address, relatives, background check report, and property record with Whitepages. Copyright 2023 Interactive One, LLC. "Mentally ill Westchester man killed by cops may not have been wielding knife, new evidence suggests. | "When the testimony is weighed, and all of the testimony is in, Sergeant Martin's story will not be believable," said Randolph McLaughlin. 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. Kate Bedingfield, Bidens Translator, Leaves the White House. As seen on the video recorded by Sergeant Fottrells Taser, Mr. Chamberlain was standing about six to seven feet from the doorway when the door was opened and there appeared to be an object in his right hand. 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." Mr. Chamberlain was 68 years old at the time. Now the cops, who had already viewed Chamberlain as a threat requiring "tactical reinforcements," were even more convinced. 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. "Based on the facts alleged and otherwise before the district court, viewed in 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. 2016 CBS Broadcasting Inc. All Rights Reserved. said the victim's son, Kenneth Chamberlain, Jr. 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. Emily Kohrs didnt do anything wrong, and the medias harsh treatment of the Fulton County foreperson was a gift to Trumps lawyers. 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. "They're gonna make entry anyway," the dispatcher replied. [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.'" Police said that Chamberlain was screaming, emotionally disturbed and that he charged at police with a hatchet and a knife. 3.3.2023 4:50 PM, 2022 Reason Foundation | The appeals court disagreed. 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. 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.. At least one officer acknowledged that information, saying, "Mr. Chamberlain, your medical alert went off accidentally." Victim of shooting, Kenneth Chamberlain Sr. District Attorney and Grand jury inactions, Last edited on 29 September 2022, at 17:41, "Kenneth Chamberlain Sr. 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. Your email will be shared with newsone.com and subject to its. Click for the original story on the shooting. While trying to force their way into the apartment, the cops mocked and belittled Chamberlain. KENNETH WELLS OBITUARY. A Florida bill takes a ridiculous GOP argument to the extreme, aiming to eliminate the Democratic Party for its ancient ties to white supremacy. Carelli said in a 2010 deposition that the brothers were belligerent and that one slammed his own head against the policecar. RAW 2011 (2010) and WWE Saturday Morning Slam (2012). Jacob Sullum is a senior editor at Reason. "This is the first time I've ever seen him [Carelli] in five years since my father was killed. - The Top 50 Incidents in WWE History (2011), WWE SmackDown vs. 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 light most favorable to Appellant, we conclude that a reasonable, experienced The shooting occurred after White Plains cops forced their way into. 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 . [18][19] A camera mounted on the taser captured the tasing, but was not functioning during the shooting. 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. Kenneth Chamberlain later died. Yet with or without qualified immunity, they may never be held accountable for actions that would send ordinary citizens to prison for life. Chamberlain's death made nationwide news and was the subject of a 2019 film, "The Killing of Kenneth Chamberlain." Keith Martin, officers on the scene said in incident reports filed afterwards. "You a grown-ass man." A photo taken by Jereis lawyer after the arrest shows his face was battered. 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.. He wore the medical alert pendant due to a chronic heart problem. When a slap lock prevented the door from opening completely, the cops used a Halligan bar to stop Chamberlain from closing it. The non-lethal rounds did not incapacitate Mr. Chamberlain and he started to advance toward Sergeant Martin with the knife. He said his shift was supposed to end at 4 a.m., but he was still at police headquarters because he was finishing paperwork after making an arrest. [12] Chamberlain's family claims the elderly Chamberlain was unarmed,[13] and did not resist. The police used a master key they obtained from the White Plains Housing Authority, which owned Chamberlain's apartment, to unlock the door. Damon K. Jones, representing Blacks in Law Enforcement of America, demanded that DiFiore be investigated by Preet Bharara's office. ANTHONY LABADIE, agent; Registry Page Website unavailable outside U.S. 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. situation, the officers forcibly removed Chamberlain's door from its hinges." Your California Privacy Rights / Privacy Policy. "You gonna shoot me," he said. He grew up in Poynette, Wisconsin. His family is now suing for damages, and the jury is deliberating in the civil trial in the case. Nowhere is the lab-leak debate more personal than among the experts investigating the origins of COVID. His father, Kenneth Chamberlain, 68, was killed by Officer Anthony Carelli, 34, who is white, on Nov. 19, 2011. [4] Police refused to leave his home, and insisted that Chamberlain open the door. 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. They took his door down,. . 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. His work appeared in AGNI, and The New Yorker. The Life Aid operator informed the police dispatcher that Chamberlain was not in need of medical assistance. 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 4-Day Week Is for White-collar Workers. Former Marine Kenneth Chamberlain, 68, died after police broke down his door and Carelli opened fire. Privacy Policy and "The officers outside of his apartment knew that the Life Alert system had been activated accidentally. McLaughlin also questioned the cops' claim that Chamberlain, a frail 68-year-old, was unfazed by four beanbag rounds. While they were trying to open the door, Mr. Chamberlain poked a kitchen knife through the door opening. A Whistleblowers Claims About a St. Louis Transgender Center Are Under Fire. "Regardless, the outcome remains tragic.". As captured on the Life Aid recording, Mr. Chamberlains sister informed Officer Carelli that Mr. Chamberlain had a mental problem, and Officer Carelli responded that the officers wanted to enter the apartment to make sure Mr. Chamberlain was okay. The recording also indicates that as the officers continued to try to open the door, Mr. Chamberlain became increasingly agitated; he at times threatened the officers; and he told the Life Aid operator that he had a weapon. What is de-escalation? Responding to the erroneous medical alert, the police dispatcher sent an ambulance and a squad car to Chamberlain's apartment. I have nothing to say to him, other than, 'Why did you shoot my father when you didn't have to?' 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. "I have nothing to say to him, other than 'why did you shoot my father when you know you didn't have to?" He has been married to Anna Babji since November 2015. 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. One of the bullets shot by Officer Carelli hit Mr. Chamberlain and fatally wounded him. After the Tasers were deployed, one of the officers fired non-lethal beanbag ammunition rounds, striking Mr. Chamberlain in his chest and thigh. 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. And what happened that morning is something he thinks of every day.. 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. 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. Mr. Kim expressed his deep sympathy to the family of Mr. Chamberlain for their tragic loss. 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. 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. 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. Like our content? Police tased him, and then shot him with a bean bag round fired from a shotgun. Cops were responding to Chamberlains medical alert system and claim he came at them with a knife after an hour-long standoff. The next day, April 11, a New York grand jury is scheduled to begin hearing evidence in the case of Kenneth Chamberlain Sr. According to police, Chamberlain charged at them with a knife and he was tasered, and then fatally shot. 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. ruled that Chamberlain's lawyers cannot mention the slurs, Your California Privacy Rights / Privacy Policy. 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. I didnt raise my gun because I was still hoping Martin could disarm him.. Why Won't Maryland Sell Me a Goddamn Beer? [37][38] The family has appealed, arguing that the judge improperly excluded evidence. The jury began deliberating late Wednesday afternoon and wrapped for the day in the early evening. On the Chamberlain tape, someone can reportedly be heard using the n-word while attempting to get inside the apartment. Marshals' vans. After the shots were fired, the officers entered, grabbed Chamberlains feet, and dragged him out of the apartment.. 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. You\'ll receive the next newsletter in your inbox. DeSantis Promises Florida Will Control Disney Content. The network has reportedly instituted a soft ban on Trump, a huge problem for his campaign and for Fox News if the policy backfires. "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." [25] The commission's chair was Dr. Maria Haberfeld, a political science professor at John Jay College of Criminal Justice and the academic coordinator for New York's Executive Police Institute. Rick Scott Is Unfortunately Right About Novak Djokovic. That is when officers claimed that Chamberlain advanced towards them with a knife, which in turn made officer Carelli shoot Chamberlain. 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. 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. 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.. "It's all relevant," she said. 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"? "I was expecting him to reactmore than he did," Carelli said. At the time this occurred, Sergeant Fottrell had turned on his Taser, which automatically activated the video recording device on the Taser. 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." 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. LIKE NewsOne On Facebook To Stay Up On Black News Worldwide! Once Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlains wrist to make him drop the knife. Copyright 2023 WABC-TV. Those were the only claims that U.S. District Judge Cathy Seibel had allowed to stand during four years of pre-trial motions. 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.". After police say Chamberlain lunged at Sergeant Keith Martin, Officer Anthony Carelli fired the fatal shots. 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. In response to the alert, a Life Aid operator called the console and asked if Mr. Chamberlain needed medical assistance. "[32] The petition will be delivered to the County District Attorney for Westchester, Janet DiFiore. All Rights Reserved. The autopsy report indicates that Mr. Chamberlains death was caused by the bullet shot by Officer Carelli. Things you buy through our links may earn Vox Media a commission. The White Plains Department of Public Safety has confirmed Officer Anthony Carelli as the cop who fatally shot former marine Kenneth Chamberlain Sr. Police, however, did not confirm whether Carelli is the subject of a police brutality lawsuit, as reported by The Daily News, or what Carellis current assignment is. The photograph of Chamberlain's back wound may cast a lot of the police testimony in doubt, but experts believe it is a heavy lift for the Chamberlain family in the civil trial. "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. Chamberlain was a 68-year-old, black, retired Marine, and a 20-year veteran of the Westchester County Department of Corrections. 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. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. Kenneth Chamberlain Sr., Several police officers, Medical alert operator, Sister of Kenneth Chamberlain Sr. [39] The appellate court heard argument on March 22, 2018. The suit comes less than two months after a Westchester County grand jury decided not to indict Police Officer Anthony Carelli for the shooting. 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. 2024 Polls Show DeSantis Cant Easily Knock Out Trump.