A federal judge on Monday set a Nov. 7 trial date in the $21 million wrongful death lawsuit against White Plains, New York, in the police-involved shooting of 68-year-old Kenneth Chamberlain Sr., reports The Journal News.
Chamberlain, an African-American U.S. Navy veteran and retired corrections officer, was shot and killed in 2011 after police responded to a call at his apartment about an alarm on a medical device, notes the report.
The scene turned deadly when Chamberlain, who battled substance abuse, exercised his constitutional right and refused to open the door of his ground-floor apartment to officers, saying the alarm went off by accident, his son, Kenneth Chamberlain Jr., told NewsOne Tuesday in a telephone interview.
But officers gave divergent accounts of the fateful early morning encounter. Police claim shots were fired after Chamberlain brandished a knife at officers during an hours-long standoff in a case that has national implications in the ongoing debate about the use of excessive police force in communities of color.
U.S. District Judge Cathy Seibel called the case a close call, throwing out “most of the suit’s claims and excused all of the defendants except Officer Anthony Carelli, who shot Chamberlain, and the city, as his employer,” writes The News:
Despite being shot with a stun gun and bean bags, police said Chamberlain continued to come at them and threaten them. When he allegedly charged at one of the officers with the knife, Chamberlain was shot and killed by [officer Anthony] Carelli.
Chamberlain Jr. bristled at the notion that the case is a close call, noting that his dad was on the floor when Officer Carelli shot him. One of the bullets lodged into the wall, just inches from the floor, he said.
“How is that a close call? My dad could not have been standing when the shot was fired” because the officer was aiming for his torso, he said. Still, a New York grand jury in 2012 declined to indict Carelli.
But Chamberlain, 49, a father of three grown children and a teenager, is hopeful he will claim justice for his father in the wrongful death suit. He says he’s pleased to be fighting for his father, who served his country in the military and as a law enforcement officer.
“The other day my kids told me they were proud of me,” said Chamberlain, who works as a case manager for the Urban League of Westchester County, New York. “Their grandfather, my dad, taught us not to quit, and to never give up.”
40 Black Men & Youths Who Were Killed By Police
1. Amadou Diallo, 221 of 37
2. Sean Bell, 23Source:Instagram 2 of 37
3. Kenneth Chamberlain Sr., 68Source:Instagram 3 of 37
4. Ramarley Graham, 18Source:Instagram 4 of 37
5. Trayvon Martin, 17Source:Getty Images 5 of 37
6. Mohamed Bah, 27Source:Instagram 6 of 37
7. Kimani Gray, 167 of 37
8. Jonathan Ferrell, 24Source:Instagram 8 of 37
9. Victor White III, 22Source:Instagram 9 of 37
10. Dontre Hamilton, 31Source:Instagram 10 of 37
11. Eric Garner, 43Source:Instagram 11 of 37
12. John Crawford, 22Source:Instagram 12 of 37
13. Omar Abrego, 3713 of 37
14. Michael Brown Jr, 18Source:Instagram 14 of 37
15. Ezell Ford, 25Source:Mark Boster/Los Angeles Times via Getty Images 15 of 37
16. Dante Parker, 36Source:Getty Images 16 of 37
17. Kajieme Powell, 25Source:Instagram 17 of 37
18. Darrien Hunt, 22Source:Instagram 18 of 37
19. Jack Jacquez, 2719 of 37
20. Akai Gurley, 28Source:Getty Images 20 of 37
21. Tamir Rice, 12Source:Instagram 21 of 37
22. Tony Robinson, 19Source:Instagram 22 of 37
23. Walter Scott, 5023 of 37
24. Freddie Gray, 25Source:Instagram 24 of 37
25. Michael Sabbie, 35Source:Instagram 25 of 37
26. Delrawn Small, 3726 of 37
27. Alton Sterling, 37Source:Instagram 27 of 37
28. Philando Castile, 32Source:Instagram 28 of 37
29. Gregory Frazier, 5629 of 37
30. Tyre King, 13Source:Instagram 30 of 37
31. Terence Crutcher, 40Source:Instagram 31 of 37
32. Keith Lamont Scott, 43Source:Instagram 32 of 37
33. Alfred Olango, 38Source:Instagram 33 of 37
34. Reginald Thomas, 36Source:Instagram 34 of 37
35. Carnell Snell Jr., 18Source:Instagram 35 of 37
36. Joshua Beal, 2536 of 37
37. Kajuan Raye, 1937 of 37
SOURCE: The Journal News | PHOTO CREDIT: Getty