Wrongful death lawsuit against White Plains cop who fatally shot mentally ill man goes to jury
The civil case against Anthony Carelli, the White Plains police who fatally shot a mentally ill black man, went to the jury Wednesday.
(Anthony DelMundo/New York Daily News)The civil case against a white Westchester cop who fatally shot a black mentally ill man inside his apartment five years ago went to the jury Wednesday.
The family of Kenneth Chamberlain Sr., 68, contends that White Plains officer Anthony Carelli, 34, murdered the former Marine as he lay on the floor or was in the process of getting up.
Carelli contends he was worried for the life of a colleague as Chamberlain charged with a knife in his hand.
On Wednesday, Chamberlain family lawyer Randolph McLaughlin reminded the jury the senior was hit with a Taser and four beanbag shots before the fatal gun shots were fired.
"You're telling me that he takes four punches from Mike Tyson and he's still standing? He'd have to be superhuman," McLaughlin said.
Carelli's lawyer, Andrew Quinn, said Chamberlain, a retired correction officer, tried to kill the responding officers.
"In the last hours of his life Kenneth Chamberlain tried to kill police officers," he said during his closing remarks. "You had repeated entreaties by the officers to put down the knife."
"He now comes to you and asks for money," he added, referring to Chamberlain’s son.
A major point of contention is the fourth beanbag shotgun round that hit Chamberlain in the back, according to Westchester County Chief Medical Examiner Kunjlata Ashar.
Sgt. Keith Martin told the jury he shot Chamberlain in the right shoulder in an attempt to get him to drop the knife.
Kenneth Chamberlain, a 68-year-old former Marine and retired corrections officer, was shot in his home in White Plains in November 2011.
(Courtesy of Chamberlain Family)"He testified falsely," McLaughlin said. "They (the defense) can't explain this."
Carelli's lawyer said there was "no rush to kill Chamberlain."
"There was an extraordinary level of justification here," Quinn said. "Are the police just going to leave? God forbid something happens. They can't possibly walk away that's ridiculous. "
The incident began as a routine call to check on Chamberlain after his medical-alert pendant inadvertently went off.
Chamberlain begged cops to go away and became increasingly agitated, leading to a 90-minute standoff.
During the tense exchange, at least one officer in the hallway yelled a racial epithet, which was recorded by Chamberlain’s medical alert system.
The jury hearing the case is made up of one black man, four white women, two Hispanic women and one white man.
A grand jury declined to indict Carelli in May 2012. Chamberlain's family filed a $21 million federal wrongful death lawsuit.