Kenneth Chamberlain death: Officer suspended
$21M suit alleges officer used n-word, taunts, unnecessary force
July 21, 2012
Written by: Richard Liebson
The city police officer who allegedly used a racial slur during the Nov. 19 standoff that ended with the death of Kenneth Chamberlain Sr. has been suspended without pay and now faces departmental disciplinary charges.
Officer Steven Hart was presented with the charges today, Public Safety Commissioner David Chong said, and has until July 30 to respond. Chong would not say what the specific charges are, but said if found guilty he faces penalties ranging from a reprimand to dismissal from the police force.
Hart's suspension "is entirely appropriate, based on his conduct and the things he said," said Mayo Bartlett, one of the Chamberlain family attorneys. "It was conduct unbecoming an officer."
In a statement late Friday, Hart's attorney, John Pappalardo of White Plains, said Hart denies having used any racial term.
"He is not a racist. There had been nothing in his distinguished 11-year history as a police officer to demonstrate otherwise," Pappalardo said. "On the contrary he has received 2 meritorious-service medals and over 40 commendations from the White Plains Police Department.:
Earlier this month the Chamberlain family filed a $21 million federal lawsuit, claiming among other things that cops taunted the 68-year-old retired Westchester County corrections officer and former Marine for more than an hour before breaking down his apartment door. Police, responding to an accidentally activated medical alarm device, said Chamberlain, who had been drinking, attacked them with a knife and a hatchet and threatened to kill them.
During the standoff, Hart went outside to the window of Chamberlain's 135 S. Lexington Ave. apartment and allegedly used the n-word. Although Chamberlain insisted that he was OK and did not need help, police demanded that he open his door so they could check on him. He refused and became agitated. On audio recorded by his medical alert device and a police stun gun, Chamberlain can be heard talking to the president, the Marines and others.
The audio reportedly captured the racial term, but Pappalardo said the tape is inconclusive
"The audio tape was extremely ambiguous and there is no evidence supporting or corroborating that it was my client that used the racial term. My client denies any alleged misconduct, maintains his innocence and intends to fight this suspension," he said.
Eventually, police broke down his door and shot Chamberlain with a stun gun and bean bags. Cops said Chamberlain charged at them and was shot and killed by Officer Anthony Carelli when he was about to stab another officer.
Both Carelli and Hart are defendants in separate federal police brutality lawsuits stemming from earlier incidents.
In May, a Westchester County grand jury declined to file criminal charges against any of the eight officers involved in the Chamberlain case. The incident is now being reviewed by the U.S. Justice Department.
Rob Riley, president of the White Plains Police Benevolent Association, said he has not yet seen the charges against Hart and could not comment on them.
He did call into question the public announcement of the charges, "I find it peculiar that the city would release information about disciplinary charges to the media when information about internal discipline has never been released before."
Riley said that he has not spoken to Hart, but that he continues "to support all of the officers involved in the (Chamberlain) tragedy."
Kenneth Chamberlain Jr., who has attended several White Plains Common Council meetings to demand that the officers involved be disciplined, called Hart's suspension "a step in the right direction."
Another family attorney, Randolph McLaughlin of the Newman Ferrara law firm, said the "use of the n-word by an officer on duty is just inappropriate and unacceptable, and (Hart) shouldn't be a police officer. We believe that all of the officers should be brought up on charges. Why were they there? They were responding to a medical alert. There was no reason to break down (Chamberlain Sr.'s) door and kill him."
He echoed Chamberlain Jr.'s statement that "all of the officers should be brought up on charges and suspended. Hopefully, this is just the start, and not the end. Otherwise, Officer Hart is just being used as a scapegoat for the actions of all of the officers involved."
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Inquiries about this case may be directed to Newman Ferrara attorney, Professor Randolph McLaughlin, at 212-619-5400