Family Seeks Damages From White Plains, Cop In Former Marine's 2011 Shooting Death
WHITE PLAINS, N.Y. (CBSNewYork) -- A former Marine was killed in his home by police.
That was 5 years ago. The officers were cleared in a criminal trial, but now Kenneth Chamberlain's family is seeking damages from the city of White Plains and the officer who fired the shots.
As CBS2's Lou Young reported, the man escorted by fellow cops outside of a federal courthouse on Monday, collects a salary, but hasn't worked in 5 years.
He told a jury he expects that will continue until he retires.
White Plains police officer Anthony Carelli's ongoing administrative leave is small potatoes compared to the $21-million wrongful death suit he and the city face for the killing of Chamberlain Sr, 68, in his own apartment in 2011.
The dead man's son was in court when the officer who pulled the trigger took the stand.
"It's very difficult. It's the first time I've ever sen him in the five years since my father was killed," Kenneth Chamberlain Jr said.
The former Marine's medic alert system was activated -- apparently in error. They called for help, and the city sent police. From there it went downhill quickly. What was supposed to be an aid mission became an armed confrontation. A medic alert operator was trying to calm Chamberlain as police arrived.
LIFEAID: You pressed your medical button right now. You don't need anything, let police know you're okay.
KC: I am okay. The police department is knocking at my door and...
LIFEAID: Yes, I understand. Go to the door, and tell them you're alright.
KC: I will not open my door.
LIFEAID: Sir, go to the door and tell them you're okay.
KC: No, I will not open my door. I will not open my door. I will not open my door. This is an alert. This is an alert...
LIFEAID: Police department, this is the help center for LIFEAID. I am on the line with Mr. Chamberlain. He's okay at this time. Mr. Chamberlain are you still there?
KC: This is an alert, this is an alert from Washington D.C. An all points bulletin, all areas, I am being overrun by the White Plains Police Department. They're pounding my door down, and I did not call them.
Cops decided they were going in.
Sgt. Martin: I have to see you.
KC: I'm okay.
Sgt. Martin: Okay, I can't see you through the door.
KC: I'm okay.
Sgt. Martin: I'm not a magician.
KC: I'm okay.
Sgt. Martin: I need to see that you're okay.
KC: You don't have to see me. I'm telling you.
Sgt. Martin: You called us.
KC: I didn't call you.
Sgt. Martin: You called God, he called us.
KC: No I didn't. God, do you hear them? You are my protector.
Sgt. Martin: Mr. Chamberlain, c'mon open the door.
KC: No
Sgt. Martin: You want me to break your door down? Is that what you want?
KC: Yes break it down.
The cops went in, and in an escalating confrontation Chamberlain armed himself.
KC: Don't do that, sir. Don't do that, don't do that, officer, don't do that, don't do that, do not do that, I;m telling you I'm okay, I'm telling you I'm okay.
Unknown PO: I don't give a (expletive) (expletive)
Sgt. Fotrell: Put the knife down and we'll talk like gentlemen. Then...
KC: I'm telling you I'm okay.
Once inside the rest was caught on police video -- cops used a malfunctioning taser, then shot four times with a shotgun loaded with bean bags, followed by two slugs from Carelli's service weapon.
"The shooting was not justified. He was not a threat that needed to be neutralized," attorney Randolph McLaughlin said.
A Westchester County grand jury cleared the officers of criminal wrongdoing.
