A federal judge on Monday set a Nov. 7 trial date in the $21 million wrongful death lawsuit against White Plains, New York, in the police-involved shooting of 68-year-old Kenneth Chamberlain Sr., reports The Journal News.
Chamberlain, an African-American U.S. Navy veteran and retired corrections officer, was shot and killed in 2011 after police responded to a call at his apartment about an alarm on a medical device, notes the report.
The scene turned deadly when Chamberlain, who battled substance abuse, exercised his constitutional right and refused to open the door of his ground-floor apartment to officers, saying the alarm went off by accident, his son, Kenneth Chamberlain Jr., told NewsOne Tuesday in a telephone interview.
But officers gave divergent accounts of the fateful early morning encounter. Police claim shots were fired after Chamberlain brandished a knife at officers during an hours-long standoff in a case that has national implications in the ongoing debate about the use of excessive police force in communities of color.
U.S. District Judge Cathy Seibel called the case a close call, throwing out “most of the suit’s claims and excused all of the defendants except Officer Anthony Carelli, who shot Chamberlain, and the city, as his employer,” writes The News:
Despite being shot with a stun gun and bean bags, police said Chamberlain continued to come at them and threaten them. When he allegedly charged at one of the officers with the knife, Chamberlain was shot and killed by [officer Anthony] Carelli.
Chamberlain Jr. bristled at the notion that the case is a close call, noting that his dad was on the floor when Officer Carelli shot him. One of the bullets lodged into the wall, just inches from the floor, he said.
“How is that a close call? My dad could not have been standing when the shot was fired” because the officer was aiming for his torso, he said. Still, a New York grand jury in 2012 declined to indict Carelli.
But Chamberlain, 49, a father of three grown children and a teenager, is hopeful he will claim justice for his father in the wrongful death suit. He says he’s pleased to be fighting for his father, who served his country in the military and as a law enforcement officer.
“The other day my kids told me they were proud of me,” said Chamberlain, who works as a case manager for the Urban League of Westchester County, New York. “Their grandfather, my dad, taught us not to quit, and to never give up.”
SOURCE: The Journal News | PHOTO CREDIT: Getty
46 Black Men And Boys Killed By Police
1. Antwon Rose Jr., 171 of 46
2. Robert Lawrence White, 412 of 46
3. Anthony Lamar Smith, 24Source:Getty 3 of 46
4. Ramarley Graham, 18Source:Getty 4 of 46
5. Manuel Loggins Jr., 31Source:Getty 5 of 46
6. Trayvon Martin, 17Source:Getty 6 of 46
7. Wendell Allen, 20Source:Getty 7 of 46
8. Kendrec McDade, 19Source:Getty 8 of 46
9. Larry Jackson Jr., 32Source:Getty 9 of 46
10. Jonathan Ferrell, 24Source:Getty 10 of 46
11. Jordan Baker, 26Source:Getty 11 of 46
12. Victor White lll, 22Source:Getty 12 of 46
13. Dontre Hamilton, 31Source:Getty 13 of 46
14. Eric Garner, 43Source:Getty 14 of 46
15. John Crawford lll, 22Source:Getty 15 of 46
16. Michael Brown, 18Source:Getty 16 of 46
17. Ezell Ford, 25Source:Getty 17 of 46
18. Dante Parker, 36Source:Getty 18 of 46
19. Kajieme Powell, 25Source:Getty 19 of 46
20. Laquan McDonald, 17Source:Getty 20 of 46
21. Akai Gurley, 28Source:Getty 21 of 46
22. Tamir Rice, 12Source:Getty 22 of 46
23. Rumain Brisbon, 34Source:Getty 23 of 46
24. Jerame Reid, 36Source:Getty 24 of 46
25. Charly Keunang, 43Source:Getty 25 of 46
26. Tony Robinson, 19Source:Getty 26 of 46
27. Walter Scott, 50Source:Getty 27 of 46
28. Freddie Gray, 25Source:Getty 28 of 46
29. Brendon Glenn, 29Source:Getty 29 of 46
30. Samuel DuBose, 43Source:Getty 30 of 46
31. Christian Taylor, 19Source:Getty 31 of 46
32. Jamar Clark, 24Source:Getty 32 of 46
33. Mario Woods, 26Source:Getty 33 of 46
34. Quintonio LeGrier, 19Source:Getty 34 of 46
35. Gregory Gunn, 58Source:Getty 35 of 46
36. Akiel Denkins, 24Source:Getty 36 of 46
37. Alton Sterling, 37Source:Getty 37 of 46
38. Philando Castile, 32Source:Getty 38 of 46
39. Terrence Sterling, 31Source:Getty 39 of 46
40. Terence Crutcher, 40Source:Getty 40 of 46
41. Keith Lamont Scott, 43Source:Getty 41 of 46
42. Alfred Olango, 38Source:Getty 42 of 46
43. Jordan Edwards, 15Source:Getty 43 of 46
44. Stephon Clark, 2244 of 46
45. Danny Ray Thomas, 3445 of 46
46. DeJuan Guillory, 2746 of 46
$21 Million Lawsuit Moves Forward In Death Of Black Veteran Slain By Cops At His NY Home was originally published on newsone.com