Family Of Elderly Man Killed By Police Files $21M Lawsuit
'We can take control of the investigation,' says family of Kenneth Chamberlain now that cops involved were not charged
The family of an elderly man who was shot and killed by police say they hope to get justice now that they've filed a lawsuit against the cops for big money. $21 million is what the family of Kenneth Chamberlain is seeking, but they say they're also seeking answers to unresolved questions in the case of their loved one being shot by White Plains police. They told PIX11 News that they feel the only way to get those answers is to threaten White Plains in its pocketbook."This [case is] about the fact that he refused to open that door and they were going to break that door and teach him a lesson," attorney Randolph McLaughlin said about why members of the Neighborhood Conditions Unit of the White Plains Police Department shot and killed Chamberlain, 68, in his public housing apartment on Novermber 19, 2011. "Unfortunately," McLaughlin said, "[that lesson] led to his death!"
One of the other lawyers for McLaughlin's son, Kenneth Jr., who is named as the plaintiff in the lawsuit filed Monday morning, explained that a civil case like the one their lawsuit is setting in motion gives the McLaughlin Family vital information it has not been able to obtain since the killing happened nearly eight months ago.
"We can take control of the investigation here," co-counsel Debra Cohen told PIX11 News. "We can demand documents. We can [question the officers]. We don't have to wait for a government entity to decide what they will and won't investigate."
She said that there was no way to know what information was gained in the investigation of the incident carried out by the Westchester County district attorney and the White Plains Police Department internal affairs bureau, because those investigations are sealed.
Around 5:30 A.M. on November 19th, at least eight officers from the Neighborhood Conditions Unit responded to Chamberlain's home after he had accidentally activated his LifeAid monitoring device. That prompted a LifeAid dispatcher to contact police in order to check on Chamberlain. For over an hour, however, the responding cops kept banging on his door and windows after he told them repeatedly that he was fine.
Eventually, the police bashed in the front door of Chamberlain's apartment, and subsequently removed it in their pursuit to have the former U.S. Marine show his face so they could confirm his health status. One of the attorneys for his family pointed out Monday that the door removal was completely unnecessary.
"I think people will be shocked to learn that police have keys to every apartment in public housing," Mayo Bartlett said after the lawsuit was filed. He also pointed out that officers who had been called to the scene to assist the African-American retiree used the n-word with him twice.
The exchange was recorded by LifeAid, whose dispatcher remained on the line with Chamberlain for his entire encounter with police. In the LifeAid audio file, a loud knocking can be heard, apparently at Chamberlain's apartment window, in addition to his door. Knocking at the window, according to information gained by the Chamberlain Family, was White Plains Police Officer Steven Hart.
"Don't do that sir. Don't do that officer, don't do that," Chamberlain is heard saying on the recording to Officer Hart. The banging continues as the officer tries to spur Chamberlain to go and open the door, according to the Chamberlain Family.
"Don't do that. Don't do that. Do not do that!" Chamberlain says, raising his voice. "I'm telling you I'm okay!" To which the officer can be heard shouting back in response, "I don't give a f***, n*****!"
The officers would eventually shot Chamberlain with a Taser, which had a mounted camera which also recorded the incident. Police also used a bean bag gun against Chamberlain and ultimately an actual gun. Police had said immediately after the incident that Chamberlain had threatened them with a knife. At one point in the audiovisual recording, an officer can be heard saying, "Put down the knife," at least two times, but several minutes before Chamberlain was shot. He was pronounced dead at a local hospital after medics took him away.
An investigation by the district attorney's office which ended in May led to no indictment against Officer Hart, who had used the racial epithet, and no charges against Officer Anthony Carelli, who fired the fatal shot.
Why either officer carried out their actions, Chamberlain's family and their attorneys said they can only find out for themselves through the civil action they filed in federal court in Manhattan .
"We'll be taking the depositions, the testimony of each of the officers," Randolph McLaughlin said. "We'll be deposing the commissioner of public safety, Mr. [David] Chong, to find out how did you train your officers? What kinds of procedures did you have?"
Kenneth Chamberlain, Jr., the son of the man who was killed, described the lawsuit filing in very personal terms. "I still have to explain to my youngest daughter," he said. "'Why did they kill Pop-Pop?' That's what she asks me. I can't give her an answer."
The City of White Plains is handling all inquiries into the lawsuit. Karen Pasquale, a spokesperson for the mayor's office, told PIX11 News that it would be inappropriate for the city to respond to pending litigation.