Mr. Chamberlain was killed during an encounter with police officers from the White Plains Police Department (WPPD) on November 19, 2011. But I have played the audio over and over again. Yet with or without qualified immunity, they may never be held accountable for actions that would send ordinary citizens to prison for life. 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.". Officer [DOWNLOAD: Free WSB-TV News app for alerts as news breaks ] "There were approximately twelve officers in the augmented police force when they attempted to gain entry. Its like I was looking at him, even when I was on the movie set. Three years later, the court dismissed several more claims. After his LifeAid medical alert was accidentally triggered, police came to his home and commanded that he open the front door to his residence. WebOn Nov. 19, 2011, White Plains police were called to the home of Kenneth Chamberlain Sr. after his medical alarm went off. President, I cant hold them back; they are breaking through, said Debra S. Cohen, a lawyer for Mr. Chamberlains family, which has filed a civil rights lawsuit against the City of White Plains and the officer who fired the fatal shot. We document who they were as people, the details surrounding their deaths, as well as if there were any arrests or convictions of officers involved. When people say they didnt know about the case or the killing, I say, Yeah, because the city of White Plains was almost effective at doing their job. They didnt want you to know. He read the script. U.S. Attorneys Office Closes Investigation Into The Death Of The answer is when both groups agree it is time to stand up and make their objections known. One of the bullets shot by Officer Carelli hit Mr. Chamberlain and fatally wounded him. During the trial, Carelli testified that he had "no other option" but to shoot Chamberlain "to protect the other officers." Of course, when we watch this film, it just brings up those feelings. Soon after, the 68-year-old Black man and Marine 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. Westchester DA Takes New Look at Deadly Police Shootings of killed We react with disgust, but only for a minute or so. To see the full listing of posts, click on our Blog list, For Black History Month 2020, we posted daily. Again, that is part of the playbook that they use. His paranoia and distrust can WebThe burden that Kenneth Chamberlain Jr. and the Chamberlain family have carried has now hit a decade. 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 family of Kenneth Chamberlain Sr., a black, mentally ill man killed in his White Plains, N.Y., apartment during a police confrontation in 2011, had its civil rights claims of excessive force reinstated by the Second Circuit on Monday. 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. While the award-winning film sheds light on the situation, Chamberlains son and namesake continues to push for accountability from the city and the officers involved. That outcome was completely avoidable, regardless of what Chamberlain did after the officers illegally broke into his home. Continue scrolling down for more amazing information, videos that include Morgan Freeman and others, books and value items. George Floyd: jury sees Derek Chauvin as liable for homicide What were the responses? "Shoot me, come Zenger: And he could sense that it was going to end badly. Patterson received the Libertarian Award from the National Book Foundation, A generous supporter of universities, teachers colleges, independent bookstores, school libraries, and college students. Stolen Lives documents over 2000 cases of people killed by law enforcement agents throughout the U.S. since 1990. Accordingly, the Department of Justice cannot conclude or prove beyond a reasonable doubt that there was a federal criminal civil rights violation. Sgt. Kenneth Chamberlain Appeals court restores Kenneth Chamberlain case, shooting claims Edited by Kristen Butler and Judith Isacoff. "It was further established that a warrantless entry in response to a medical concern is unlawful absent probable cause to believe that a person inside is in immediate danger.". tactical reinforcements," the 2nd Circuit says. The case vividly shows how hard it is to obtain compensation under 42 USC 1983, a federal statute that authorizes lawsuits against government officials who violate people's constitutional rights. The movie chronicles the death of 68-year-old Kenneth Chamberlain Sr. | Chamberlain Jr: Wow! Yet even when detailed policies are present, as in New York, the police have not always succeeded in de-escalating tense situations involving mentally ill people, which have become one of the most common and fraught calls that officers respond to. I tell people, trauma is very real. Democrats and Republicans in Congress are arguing about the details, while more African Americans are being traumatized by police, threatened during protests and attacked by law enforcement for exercising their civil rights. To prove a violation of the federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids. We have a city thats still continuing to refuse to admit any type of wrongdoing in his death. But over the last two centuries, Americas cops have increasingly come to resemble ground troops. Kenneth Chamberlain Killed By Cops, Case Goes To Grand Jury 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. After serving in the Marine Corp, he worked for the Westchester County New York Department of Corrections for 20 years. 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. Chamberlain repeatedly told the cops at the door he had not called for help and did not need it. Louisville reaches $2 million settlement with Kenneth Walker The family, however, contends that Mr. Chamberlain was on the ground when he was shot, based on the location of a bullet hole in the wall, as well as the force of the beanbag ammunition used to subdue him, and the entry point of the bullet wound. Zenger: Was listening to the Life Alert audio and actually hearing your fathers voice one of the more difficult parts of watching, The Killing Of Kenneth Chamberlain?. 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. Had I not been as relentless as I am, you wouldnt know about him. When he said he was OK, they could have left it alone right there. "Every time we come to the door he sticks a knife out," one of them complained. 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. But the sad truth is, 4,400 were only the reported ones. Does Black Lives Matter apply to immigrants as well? 6.11.2020 1:50 PM. I was speaking to someone who watched the movie and they said, This movie could have been over so many times already. The first time he said I didnt call you. That is the feeling with that it could have been handled so many different ways, and thats something else that we are pushing as well. And with no accountability you cant have closure. In 2012, a grand jury failed to return indictments against the officers who killed my father. The trial, set to begin on Nov. 7, will explore claims of assault and battery as well as excessive force. Exactly the opposite of what the cops did in White Plains. Kenneth Chamberlain Jr. Seeks Accountability And Closure In Thirteen months later, Kenneth Chamberlain, a 68-year-old veteran who suffered from mental illness was shot and killed in his home in November 2011 following a confrontation with police in White Plains. WHITE PLAINS Kenneth Chamberlain Sr. had accidentally triggered his medical alert pendant early one morning five years ago. After the shooting, Mr. Chamberlain, Ms. Khader and others formed the Westchester Coalition for Police Reform. While the call was for medical assistance and was cancelled by the alarm company, the police spent over an hour breaking down the door. Now, David [Midell] definitely got information from me about my father, especially surrounding the killing. The racial bad form has consistently been a piece of dark life. Westchester DA Appoints Former Federal Judge To Review Fatal Jesse Jacksons reaction George Floyds friends reaction The Derek Chauvin decision is in. Click here to report information on Amazon warehouses. 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 owe them that much. Required fields are marked *. Police broke it down and after a I dont want to look at trainings and stuff like that because thats usually the knee-jerk response when things like this happen. Ending police violence begins with cutting Pentagon money, militarization program, officers acted as though he were a criminal suspect, Your California Privacy Rights / Privacy Policy. When Im on this set, I am Kenneth Chamberlain Sr. And he was awesome. WebFreeman and partner Lori McCreary exec produce the film, which follows the final minutes of Kenneth Chamberlain's life before he was killed by police in 2011. these are the lessons of this agonizing year, and where to go from here. 1 of 2 DemocracyNow.org In a broadcast exclusive, we reveal the name of the police officer who allegedly killed 68-year-old Kenneth Chamberlain, the retired African-American Marine who was shot dead in his own home in White Plains, New York, in November after he inadvertently triggered his medical-alert pendant. Local police were dispatched to Chamberlains public housing apartment in White Plains, New York, along with an ambulance. By 7 am, Chamberlain was dead. Please note that this is NOT a reflection on the medical alert, it is 100% on the White Plains, New York Police Department. 1948. At this point, "Chamberlain was standing some six to eight feet behind the doorway wearing only a pair of boxer shorts." The request for medical assistance was cancelled by the Alarm system after they contacted Chamberlain and several of his relatives. In New York City, the police respond to more than 100,000 calls about emotionally disturbed people a year. | The LifeAid operator called the police dispatcher, trying to cancel the supposed rescue attempt. 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. 5.1.2023 2:25 PM, Eric Boehm 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"? 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. Continue to scroll down. In addition, like the Martins, it seems that in order for Chamberlains family to receive a thorough investigation of the incident, that they needed to drum up public sympathy before local authorities paid close attention to the death, and not just take the cops account as the final word. After a long stand-off with the police, who ridiculed Chamberlains military service 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. Responding to the erroneous medical alert, the police dispatcher sent an ambulance and a squad car to Chamberlain's apartment. Ten years ago in White Plains, New York, Kenneth Chamberlain a 68-year-old Black veteran with a history of mental illness accidentally set off his medical alert device. Chamberlain Jr: Most definitely. The Killing of Kenneth Chamberlain reenacts retired Marines There will be some really small print that allows you to delete that particular item. In response to the alert, a Life Aid operator called the console and asked if Mr. Chamberlain needed medical assistance. The police commissioner, David E. Chong, declined to comment on the case, citing the pending litigation. 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. 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. Chamberlain was a 68-year-old, black, retired Marine, and a 20-year His heart problems and bi-polar disorder were known to the police It is actions like this that make people of color suspicious of law enforcement officers. 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. Privacy Policy | Seeing the heavily armed officers breaking into his apartment despite his insistence that they had no reason to be there, Chamberlain was understandably alarmed. If the leading exemplar of chutzpah is the legal strategy of a man who murders his parents and pleads for mercy because he is now an orphan, the defense used by the cops in this case has to count as a close second. It is also possible that Kenneth Chamberlain was suffering from mental illness which is not a crime. Last year, the city instituted a more in-depth training regime for officers on the issue, but so far only a fraction have received it. One of those bullets passed through Chamberlain's lungs and ribs and severed his spine, killing him.". Police officers sometimes forget that their job is to defuse a situation and not create one. "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. Pierson v Ray The Start of Qualified Immunity, Historically Black Colleges and Universities, Ishango Bone Early African Mathematical Calculations, Belinda Sutton and the Connection to Harvard School of Law. Gift Article. police-involved shooting of Kenneth Chamberlain Between 5:30 a.m. and 6:00 a.m., the police officers worked with various tools to pry open the apartment door. Jacob Sullum is a senior editor at Reason. This Office analyzed these issues under the standard applicable to criminal cases, which is proof beyond a reasonable doubt. Killed at Home: Legal Battle Reopened over 2011 Police Shooting 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. 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. Your email address will not be published. I dont want you to think that something is wrong, but Im in the role. 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. "They're gonna make entry anyway," the dispatcher replied. 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 tears will start to fall. The evidence from the investigation reveals the following: At approximately 5:00 a.m. on November 19, 2011, a medical alert company, Life Aid, received an alert from the console in Mr. Chamberlains apartment in the Winbrook Houses complex on South Lexington Avenue in White Plains. Continue to scroll for fascinating Videos and Books to enhance your learning experience. 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 Killing of Kenneth Chamberlain - Wikipedia "Based on the facts alleged and otherwise before the district court, viewed in 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. "You ain't no young kid," one said. The non-lethal rounds did not incapacitate Mr. Chamberlain and he started to advance toward Sergeant Martin with the knife. 5.1.2023 12:05 PM, Elizabeth Nolan Brown I stopped saying, Justice for Kenneth Chamberlain Sr., and I started writing, Accountability for Kenneth Chamberlain Sr., and then underneath I would put, The world will know. That is whats happening now. Brett Johnson is a Brooklyn, N.Y.-based writer and the founder of the music and culture blog VeryArtistical.com. Chamberlain Jr: Surprisingly enough, he didnt get any insight from me. 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. 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.