"Because Chamberlain continued to refuse to open his door, the officers radioed for In 2012, a grand jury failed to return indictments against the officers who killed my father. 2023 USA TODAY, a division of Gannett Satellite Information Network, LLC. Use our links to Amazon anytime you shop Amazon. Notice, the content while not graphic is intense. 'I Want This Film To Be A Teaching Tool': Kenneth Chamberlain's So, what were the exercises of the most recent year? "You gonna shoot me," he said. The agency also tried to cancel its request for a police call. Video and 911 tapes reveal what happened before police shot and killed Kenneth Chamberlain. Accident, mistake, fear, negligence, or bad judgment is not sufficient to establish a federal criminal civil rights violation. Police broke it down and after a In September, a federal judge, Cathy Seibel, dismissed most of the claims contained in the lawsuit and excused several of the original defendants, including police officers. What made Floyd's death different was that protestersstarted talking about the injustice of qualified immunity, something my family has been dealing with for years. The jury was not allowed to consider the reasonableness of the police officers siege outside his door, their refusal to listen when my father repeatedly told them he was OK, their removal of his door from its hinges with a sledgehammer or the firing of a Taser and beanbag shotgun within seconds of entering his apartment. That turned out to be a self-fulfilling prophecy. At every step, the officers seemed determined to turn an accidental medical alertan alert theyknew was accidentalinto a death sentence. The U.S. Court of Appeals for the 2nd Circuit recently revived some of the dismissed civil rights claims against those officers. Since that terrible day, my life has revolved around a quest for justice, which got one step closer in Maywhen an appeals court reverseda federal judge's decision to, among other things, allow the officers in the case to usequalified immunitycurrently under fire across the country as an escape valve for police who break the law. The case has pulled in gigantic worldwide consideration and following three weeks of witness and master declaration, the jury will meet to determine the end result on Monday. The defund-the-police movement isn't about fully abolishing a law enforcement presence. One of those bullets passed through Chamberlain's lungs and ribs and severed his spine, killing him.". WebAround 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 So far, the story has been covered by alternative news organizations like Democracy Now and extensively by local newspaper Daily White Plains. The non-lethal rounds did not incapacitate Mr. Chamberlain and he started to advance toward Sergeant Martin with the knife. (Credit: CBS2) Both the Henry and Chamberlain grand juries were overseen by former DA Janet DiFiore. What occurs if the jury doesnt return a consistent choice? Democracy Now! All the information he received is available through freedom of information. No criminal charge was laid against the police officers involved. The police dismissed the offers of help from the Niece of Chamberlain and even his son. Morgan Freeman On The Killing of Kenneth Chamberlain & Overhauling Policing. Chamberlain Jr: Yes and one thing that he did that was smart, if you listen to the audio, he was detailing everything that was happening to him. "They're gonna make entry anyway," the dispatcher replied. The Louisville police officer who delivered the bullet that killed Breonna Taylor in March 2020 is back working in law enforcement. Because the officers couldnt get access to his apartment, they created imaginary scenarios in their heads that the man was up to no good. Officers have testified that Carelli shot Chamberlain as the 68-year-old man rushed toward Martin while holding a knife and after threatening to kill officers. They had no business breaking down his door. Mr. Chamberlain can be heard on the audiotape, made available by the medical-alert agency that recorded the encounter, telling the officers that he was all right and asking them to leave. Indeed, the officers who responded to Mr. Chamberlains apartment in 2011 were aware that the department had made previous calls to his address. Despite his report that he did not need assistance, the police broke down Chamberlains door, tasered him, and then shot and killed him. 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. We react with disgust, but only for a minute or so. 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. 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. Newly added material brings the story through 2020, including analysis of the Ferguson protests, the Obama and Trump administrations, and the George Floyd protests. Those that dont see things like this in their neighborhoods dont have to contend with it and only scratch their heads. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks ] Even when it is apparent that they are overreacting, they are time and time again cleared of any wrongdoing by people that are not treated in this way. Though White Plains did not have established procedures for dealing with emotionally disturbed people at the time of the shooting, New York City did. In addition, he had a relative that lived in the building and responded to the scene, identifying herself and pleading to help confirm that he was indeed ok. She was turned away as were several other relatives. situation, the officers forcibly removed Chamberlain's door from its hinges." They argued that their armed invasion of Chamberlain's home was justified based on the "emergency aid" exception to the Fourth Amendment's warrant requirement, meaning the "aid" that Chamberlain did not need and did not want. The alleged shooter, Officer Anthony Carelli, is due in court later this month in an unrelated 2008 police brutality case. Between 5:30 a.m. and 6:00 a.m., the police officers worked with various tools to pry open the apartment door. In response to the alert, a Life Aid operator called the console and asked if Mr. Chamberlain needed medical assistance. Subscribe to Reason Roundup, a wrap up of the last 24 hours of news, delivered fresh each morning. A police spokeswoman declined to say whether any steps were being taken. Local police were dispatched to Chamberlains public housing apartment in White Plains, New York, along with an ambulance. The LifeAid operator called the police dispatcher, trying to cancel the supposed rescue attempt. 5.1.2023 9:31 AM, 2022 Reason Foundation | We are sometimes asked what to do when a link is used and results in an item in the cart and the item will appear in the window. Cop in Killing of Kenneth Chamberlain IDd, Sued in 2008 Racism Case. The police union has blasted the release of the officers name, saying he deserves the right to a fair and impartial inquiry. Were going to give our officers more training. No! Kenneth Chamberlain Sr. was fatally shot by White Plains police officers following an inadvertent Life Alert activation that led to cops being dispatched for a welfare check on him on Nov. 19, 2011. White Plains New York police were dispatched after he failed to respond to the inadvertent triggering of his necklace and failing to respond to a call made by the alarm company to check on his condition. We look forward to another day in court. And I am staring at my father wondering, what happened? Attorney Abdulwali Muhammad notes that audio recordings of the incident were key in debunking police attempts to cast Kenneth Chamberlain as a hatchet-wielding, mentally disturbed man, while ignoring the fact that he was shot in his own home after accidentally triggering a medical alert. The motion concluded that Officer Carelli used deadly force only as a last resort.. U.S. Attorneys Office Closes Investigation Into The Death Of The last time I actually really saw my father other than the funeral was at the hospital with his eyes wide open, his tongue hanging out of his mouth and two bullet holes in his chest. Yet the police insisted on entry and broke down his steel door and found him standing shirtless in boxer shorts and not advancing on them. Three and a halfyears after the civil trial,a panel of the Second Circuit Court of Appeals in New York reversed the federalcourt judges rulings on a number of the claimsincluding her findings on unlawful entry, the use of excessive forceand qualified immunity and remanded the case back to the lower court for further hearings. WebThe burden that Kenneth Chamberlain Jr. and the Chamberlain family have carried has now hit a decade. Copyright 2023 Interactive One, LLC. 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. Never in 45 years had I heard fear in my fathers voice, said Kenneth Chamberlain Jr., 50, an alcohol and substance abuse counselor. N.Y. Police Shooting Case Revived Week After Floyds Death (1) Officer Carelli grabbed the knife with bolt cutters and tossed it out of reach. The police commissioner, David E. Chong, declined to comment on the case, citing the pending litigation. Chamberlain Jr: I could remember when the film was being done, and upon its completion, I began to say, The world will know! I began to hashtag that. After serving in the Marine Corp, he worked for the Westchester County New York Department of Corrections for 20 years. Only one of the many officers involved stood trial, and only on the question of whether it was legally reasonable for him to shoot my father. After 9 years, my father finally closer to justice for death by police Finally, equity had been served. WebOnce Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlains wrist to make him drop the knife. Kenneth Chamberlain Jr. Seeks Accountability And Closure In Thank you for your support. Prime is just $5.99/month for qualifying customers in select U.S. government assistance programs such as holders of the EBT card. The last days of colonialism taught Americas revolutionaries that soldiers in the streets bring conflict and tyranny. Kenneth Chamberlain was shot and killed by police in White Plains in 2011. The officers who responded to his apartment in 2011 were aware that the department had made previous calls to his address. My hands shook, my head began to hurt. While trying to force their way into the apartment, the cops mocked and belittled Chamberlain. WebWHITE PLAINS Kenneth Chamberlain Sr. had accidentally triggered his medical alert pendant early one morning five years ago. A hallway security camera and a camera on an officers stun gun have captured video of the interaction as well. The movie chronicles the death of 68-year-old Kenneth Chamberlain Sr. WebAfraid and alone, Chamberlain, a veteran who suffered from bipolar disorder, feared for his life. 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. 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. This represents a pattern of how African-American communities have been policed in our society, said Nada Khader, executive director of the Wespac Foundation, a nonprofit group in White Plains that says it advocates social justice. The shooting was the topic of the film The Killing of Kenneth Chamberlain. Morgan Freeman the renowned actor and director has made a film about the life of, including the tragedy of being a Black man in America. WebBy the time the police left the apartment, just after 7 a.m., Kenneth Chamberlain was dead, shot twice in the chest by a police officer inside his own home. Web68-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. Theywill hear how my fatherwas shot and killed by police officerswho had no business demanding he let them in his home. Soon after, the 68-year-old Black man and Marine Kenneth Chamberlain, Jr. reacts to the news that his fathers alleged killer has been accused of beating people in the past, saying it triggers memories of his fathers death. "I thought I was going to get stabbed." What we need to see is accountability. 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." The burden that Kenneth Chamberlain Jr. and the Chamberlain family have carried has now hit a decade. I am protecting myself." Soon after, the 68-year-old Black man and Marine Hundreds of Blacks were slaughtered and 10,000 left homeless in this largely unknown event. Accordingly, the Department of Justice cannot conclude or prove beyond a reasonable doubt that there was a federal criminal civil rights violation. Kenneth Chamberlain Jr. opens up about his fathers killing, gives his thoughts on the film, and explains his perfect case scenario in the aftermath of his fathers death. Berlin: Morgan Freeman Calls for Police Reform with New Film Accessibility | 101 Black Unarmed Women, Men and Children Killed By Law Enforcement: George Floyd Breonna Taylor Tamir Rice Michael Brown James Chaney Oscar Grant Sandra Bland George Floyds murder was as shocking as it was common. As a result, our country has generally worked to keep the military out of law enforcement. To watch Frankie and one thing that he did tell me when I was on the set was, It seems like Im out of it, but Im in the role. Kenneth Hawkins, 29, died in the crash. 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. Carroll County Sheriff's Department hires Myles Cosgrove At the end, he is saying, Mr. That outcome was completely avoidable, regardless of what Chamberlain did after the officers illegally broke into his home. Once Mr. Chamberlain fell to the ground, Officer Steven Demchuk used his baton to strike Mr. Chamberlains wrist to make him drop the knife. Kenneth Chamberlain Sr. was fatally shot by White Plains police In 2018 the Justice Department closed its investigation of the incident, concluding that there was insufficient evidence to charge any of the officers. Information includes the victims names, ages, race/nationality, date killed, location, and a description of the circumstances surrounding their deaths. I was angry and frustrated but pledged to my father that I would not be deterred from seeking justice for him. 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. But the officers insisted on checking on Mr. Chamberlain in person. Chamberlain had refused to open the door. See our privacy policy. As The New York Times reports, police were dispatched to his home for a welfare check. | "There were approximately twelve officers in the augmented police force when they attempted to gain entry. Stolen Lives documents over 2000 cases of people killed by law enforcement agents throughout the U.S. since 1990. "Every time we come to the door he sticks a knife out," one of them complained. McLaughlin also questioned the cops' claim that Chamberlain, a frail 68-year-old, was unfazed by four beanbag rounds. 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 Jr: Yes. Mr. Chamberlain, who had battled addiction to crack cocaine, lived on the ground floor of a faded housing project in a derelict corner of this otherwise prosperous city in New Yorks suburbs. Ninety minutes later, after he had been taunted with racial slurs and subdued by both a taser weapon and beanbag rounds, Chamberlain was shot and killed. We encourage you to share the site on social media, share with your friends. He is accused of being the most brutal of a group of officers who allegedly beat two brothers of Jordanian descent and called them rag heads. Despite repeated requests from Chamberlains family for the name of the officer who killed him, White Plains Public Safety Commissioner David Chong only named Carelli as the shooter this morning, after his name appeared in an article written by Democracy Nows Juan Gonzalez in the New York Daily News. Someone outside the apartment reportedly screamed, I dont give a fk, n-r, open the door!. This is covered in the videos below. WebOn Nov. 19, 2011, White Plains police were called to the home of Kenneth Chamberlain Sr. after his medical alarm went off. Does Black Lives Matter apply to immigrants as well? He selected a talented cast for The Killing Of Kenneth Chamberlain to reenact the welfare check that went wrong that night. 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 with no accountability you cant have closure. WebKenneth Chamberlain was shot and killed by police after being zapped with a stun gun during a conflict in his White Plains, New York, apartment last November. Unfortunately, this is an incomplete record, but an important reminder just the same. Zenger: I am sure you have upset a lot of people along the way because you are relentless in your pursuit. 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. Documented in audio recordings, the White Plains police reportedly used a racial slur, burst through Chamberlains door, tasered him, then shot him dead. Exactly the opposite of what the cops did in White Plains. The lawsuit also accuses White Plains of having failed to establish police guidelines for dealing with emotionally disturbed people, or E.D.P.s as they are known in law-enforcement parlance. We believe that information is necessary for a well run society and we are dedicated to that end. The book includes cases from 47 states and Washington, D.C. Look good, feel good with the outstanding offers below, Morgan Freeman on The Killing of Kenneth Chamberlain, Morgan Freeman says the motivation to executive produce the new film, The Killing of Kenneth Chamberlain, was simple: Im Blackpeople dont seem to realize or recognize that. The film is based on the true events of a 68-year-old marine veteran who was killed by police in 2011 in White Plains, New York. 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. Our patience was rewarded. What were the qualifications of the defense witnesses? Available video footage captures Chamberlain was standing in his boxer shorts, arms at his side and his hands empty. WebKenneth Chamberlain, a 68-year-old former U.S. Marine suffering from mental illness, was shot and killed in his home on Nov. 19, 2011, during a confrontation with White Plains 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. We have also included some great value offers as this is how we support our work. Officer "They have their guns out," he told the LifeAid operator. "The officers outside of his apartment knew that the Life Alert system had been activated accidentally. 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. WebOfficers eventually broke in, tasered Chamberlain Sr. and shot him with live ammunition. 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. Police officers sometimes forget that their job is to defuse a situation and not create one. To see the posts, click here. co-host Juan Gonzalez has obtained a photograph of White Plains police officer Anthony Carelli, the officer alleged to have fired the two shots that killed Kenneth Chamberlain, Sr., the 68-year-old former Marine whose medical alert button accidentally summoned police to his apartment last November.