White Plains Mayor Tom Roach said he has pushed for a thorough investigation from the start. [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.'" The state has a near-total abortion ban, and now activists and GOP officials are fighting an exemption for physician-defined medical emergencies. the light most favorable to Appellant, we conclude that a reasonable, experienced Sign up for free Patch newsletters and alerts. At least one officer acknowledged that information, saying, "Mr. Chamberlain, your medical alert went off accidentally." That outcome was completely avoidable, regardless of what Chamberlain did after the officers illegally broke into his home. "You a grown-ass man." Carelli said he was sent to Chamberlain's apartment because he covered that neighborhood as a patrol officer and had a master key to the apartment. | 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. Walgreens Wont Sell Abortion Pills in Red States Even Where Its Legal. White Plains Police now say Anthony Carelli, an 8-year-veteran of the department, was the officer who shot and killed Kenneth Chamberlain. He graduated from University of Wisconsin-Madison, and from New York University. The 68-year-old, former . This Office analyzed these issues under the standard applicable to criminal cases, which is proof beyond a reasonable doubt. "When the testimony is weighed, and all of the testimony is in, Sergeant Martin's story will not be believable," said Randolph McLaughlin. [36] The jury found neither the police nor the city liable. "You can't separate the shooting from what happened before the shooting.". But as the 2016 verdict in favor of Officer Carelli shows, qualified immunity is by no means the only barrier to successfully suing police officers for constitutional violations. Those were the only claims that U.S. District Judge Cathy Seibel had allowed to stand during four years of pre-trial motions. Yet with or without qualified immunity, they may never be held accountable for actions that would send ordinary citizens to prison for life. Giving back to the community through a variety of venues & initiatives. However, in order for such a right to be clearly established, the particular conduct of the alleged violator must have previously been established to such an extent as to place the statutory or constitutional question beyond debate a subjective, and often times absurdly high bar for plaintiffs to clear. He stated that the White Plains Police employees were going to enter his home and kill him. The president surprised and angered some Democrats by declining to veto a GOP effort to block a D.C. bill. All I could do was save Sgt. 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. While the officers were trying to open the door, Life Aid was able to reach Mr. Chamberlains sister, who spoke to Officer Carelli on a cell phone. Chamberlain's death made nationwide news and was the subject of a 2019 film, "The Killing of Kenneth Chamberlain." A News source says thats notCarelli. Jerry Lambe is a journalist at Law&Crime. Fox News Is Reportedly Shadowbanning Donald Trump. [10], An autopsy conducted on November 21, 2011, revealed that one bullet hit Chamberlain sideways, passing through his right arm and then both lungs. McLaughlin said he hopes the jury will get the case by the end of the week. 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. Chamberlain grabbed a kitchen knife to fend off the intruders. 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 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. RAW 2011 (2010) and WWE Saturday Morning Slam (2012). 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. [35] In November 2012, the Chamberlain family amended their lawsuit to require the city to modify police procedures with the mentally ill. 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." The Biden administrations policy of blocking unvaccinated people from the country continues to make little sense. 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. 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 . Cops were responding to Chamberlains medical alert system and claim he came at them with a knife after an hour-long standoff. 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. The non-lethal rounds did not incapacitate Mr. Chamberlain and he started to advance toward Sergeant Martin with the knife. 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. 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. Unable to contact Chamberlain via its two-way audio box, LifeAid called the White Plains Department of Public Safety. 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. Terms Of Use, Kenneth Chamberlain Jr., whose father was killed by White Plains police in 2011 (Bryan Smith/Zuma Press/Newscom). 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. Far from showing compassion for a man they supposedly were trying to help, they taunted him. He is accused of being the most brutal of a group of officers who allegedly beat two arrestees of Jordanian descent and called them "rag heads." . "I was expecting him to reactmore than he did," Carelli said. All Rights Reserved. Seeing the heavily armed officers breaking into his apartment despite his insistence that they had no reason to be there, Chamberlain was understandably alarmed. In both cases, an African-American male was . 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. "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. View Alan Chamberlain's record in Deming, NM including current phone number, address, relatives, background check report, and property record with Whitepages. Recent filings for LABADIE ELECTRIC, LLC. [1][2] After his LifeAid medical alert necklace was inadvertently triggered,[3][4][5][6] police came to his home and demanded that he open his front door. Dr. Kenneth Edward Wells, PhD Dr. Kenneth Edward Wells, PhD, 83, reposed in the Lord on Monday September 17. tactical reinforcements," the 2nd Circuit says. 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. [31], An online petition was created by the son of Kenneth Chamberlain Sr. By April 6, 2012, it had received nearly 199,900 signatures. 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. It has been nearly five months since Kenneth Chamberlain, a former marine, was shot by police in his White Plains apartment and later died at the hospital, but amid a public outcry, a grand jury will soon hear evidence in the case. Stay the course. McLaughlin also questioned the cops' claim that Chamberlain, a frail 68-year-old, was unfazed by four beanbag rounds. 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. ", "My understanding was I was the last option," Carelli testified. This email will be used to sign into all New York sites. 6.11.2020 1:50 PM. She explains the press to the president, preaches Twitter-is-not-real-life, and keeps the West Wing from leaking. The cops entered and "in swift succession, tased Chamberlain (unsuccessfully), fired several beanbag shots at him (largely ineffectively), and fired two shots at him with a handgun. Florida Republican Wants to Cancel Democrats Over Slavery. 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. And a chatbot is not a human. From the April 2023 issue, Billy Binion . The officers were responding to a 911 call at a location that was the source of prior [emotionally disturbed person] calls. Chamberlain told the Life Aid operator he wanted to report an emergency that the White Plains Police Department [is] banging on my door and I did not call them and I am not sick. The operator called the police to cancel the dispatch, but the dispatcher told her theyre gonna make entry anywayTheyre gonna open it anyway. One of the officers on the scene could clearly be heard telling Chamberlain that his medical alert went off accidentally., Despite this insistence by Chamberlain and information from the Life Aid operator that Chamberlain was not in need of medical attention and that the Life Aid device had been triggered accidentally, the officers continued relentlessly in their attempts to forcibly gain entry to the apartment, the court wrote. Seventeen minutes later, police officers arrived to help Chamberlain. [7] 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. After the shots were fired, the officers entered, grabbed Chamberlains feet, and dragged him out of the apartment.. 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. His father, Kenneth Chamberlain, 68, was killed by Officer Anthony Carelli, 34, who is white, on Nov. 19, 2011. And a linguist named Emily M. Bender is very worried what will happen when we forget this. Officers Anthony Carelli, Maurice Love, Steven Demchuk, Marek Markowski, Sergeants Stephen Fottrell and Keith Martin, and Lieutenant James Spencer were named as defendants. 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.. 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. The ruling restores claims of non-lethal excessive force and unlawful entry in the killing of Chamberlain. What is de-escalation? The family of the slain ex-Marine said they plan to ask federal authorities to look into the case. Chamberlain's son, who sued the city, Carelli and six other officers in 2012, hailed the ruling. At the time this occurred, Sergeant Fottrell had turned on his Taser, which automatically activated the video recording device on the Taser. 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. Carelli said in his sworn deposition that Jereis Hatter had no visible signs of injury to his face. 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). Last November, Carelli and other officers. 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. Mike Pences 2024 Strategy Totally Depends on Iowa Evangelicals. Two sources with knowledge of the investigation identified Carelli as theshooter. Keith Martin for firing bean bags at Chamberlain and the supervisor liability claim involving actions by Martin and Sgt. The police used a master key they obtained from the White Plains Housing Authority, which owned Chamberlain's apartment, to unlock the door. Like our content? Chamberlain was shot dead by police in his White Plains, New York, apartment in November after he accidentally set off a medical alert. I have to question what evidence was presented to the grand jury . Officer Anthony Carelli has been identified as the policeman who allegedly shot and killed black, former marine Kenneth Chamberlain Sr. five months ago. 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. 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. 2023 www.lohud.com. "I have nothing to say to him, other than 'why did you shoot my father when you know you didn't have to?" Get browser notifications for breaking news, live events, and exclusive reporting. The 4-Day Week Is for White-collar Workers. Privacy Policy | They took his door down,. 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. 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. This site is protected by reCAPTCHA and the Google This Office was one of the districts affected by the SolarWinds intrusion. 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. Continue to fight," he said. "I don't believe I'd be standing here" if Carelli had not shot Chamberlain, Martin testified. Accordingly, the Department of Justice cannot conclude or prove beyond a reasonable doubt that there was a federal criminal civil rights violation. Training in those techniques reportedly is one of the reforms favored by Republican senators. Now the cops, who had already viewed Chamberlain as a threat requiring "tactical reinforcements," were even more convinced. He promised to kill anyone coming in. [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. All Rights Reserved. The autopsy found "no drugs of abuse" in Chamberlain's system. Keith Martin, officers on the scene said in incident reports filed afterwards. [20] Chamberlain later died in surgery at White Plains Hospital. It Sure Doesnt Seem Like Havana Syndrome Is Russias Fault. The former VP has an extremely narrow path to viability in 2024. "Don't give up. Martin, who retired in 2013 and was a sergeant at the time of the shooting, said that Carelli was assigned "lethal cover. Cops Beat Black Man After He Grabs For Officers Gun, Police Severely Beat Teen On Tape, But Get Light Charges. 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. A racial epithet was shouted at Chamberlain during the standoff. The autopsy, performed by Westchester County Chief Medical Examiner Kunjlata Ashar, also revealed taser burns on Chamberlain's neck and abdomen. 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. KENNETH WELLS OBITUARY. Police are heard pounding on the door over the life alert system. But in this case, the cops were supposed to be protecting Chamberlain, the man they killed. Chamberlain suffered from emphysema, osteoarthritis, and had a history of mental health issues. 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. One of those bullets passed through Chamberlain's lungs and ribs and severed his spine, killing him.". Less than two hours later, a dozen police officers in tactical gear forced their way into his apartment and shot him to death. A Westchester County Grand Jury declined to indict Officer Carelli. "I thought I was going to get stabbed.". The sergeant yelled out, Knife, knife, knife!, Carelli testified, which, he said, led him to believe Martin had been stabbed. First published on November 16, 2016 / 6:27 PM. After a nearly 90-minute standoff, police broke down Chamberlain's door and found him armed with a kitchen knife, according to police accounts.