WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR SEPTEMBER 10, 2016:
Newman and Ferrara, attorneys for the Kenneth Chamberlain family have called a news conference for Monday afternoon and have issued this news release:
United States District Judge Cathy Seibel may issue a ruling in her courtroom on Monday, September 12, 2016, at 3:15 p.m. on a motion that will determine whether the case, regarding the fatal shooting of 68-year old former Marine Kenneth Chamberlain, Sr. by the White Plains police, will proceed to trial.
The White Plains police responded to the accidental activation of Mr. Chamberlain’s medical alert device in the early morning hours of November 19, 2011. Mr. Chamberlain refused the police entry into his apartment, repeatedly telling them he was fine and did not require assistance. A little over one hour later, the police broke down Mr. Chamberlain’s door and fired at him with a Taser and a less lethal or “bean bag” shotgun. Police Officer Anthony Carelli then fired his service weapon and fatally wounded Mr. Chamberlain.
Following almost two years of discovery, the City of White Plains and Officer Carelli filed motions for summary judgment seeking dismissal of the case.
Attorneys for Mr. Chamberlain opposed the motion and pointed to evidence that Mr. Chamberlain, who was in very poor health, was shot and killed as he lay on the ground after being knocked down by four powerful blasts from the bean bag shotgun.
According to Debra S. Cohen, an attorney for the Chamberlain family, “We hope that Monday will bring us an important step closer to achieving justice for Kenneth Chamberlain, Sr. and greater awareness of the need for changes in how police respond to these types of situations.”