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D.A. Won't Prosecute Police In Boy's Shooting
s.gun
Member Posts: 3,245
D.A. Won't Prosecute Police In Boy's Shooting
POSTED: 1:58 p.m. EST January 31, 2003
UPDATED: 5:54 p.m. EST January 31, 2003
UNIONTOWN, Pa. -- A state police trooper who fatally shot a 12-year-old boy in the back will not face state charges, a district Attorney said Friday.
Trooper Samuel Nassan's decision to shoot Michael Ellerbe as the boy ran from police following a car chase on the day before Christmas was "a foreseeable response," Fayette County District Attorney Nancy Vernon said.
The officer said he believed he and his partner were under fire and he did not know Ellerbe's age when he fired the bullet that struck the boy in the back and pierced his heart.
Investigators have since learned that it was Curry's gun that discharged when he was chasing the boy through a Uniontown neighborhood and scaled a fence.
Nassan called to his partner and when he did not respond, he acted "according to the law in regard to the use of deadly force," Vernon said.
The district attorney's decision came four days after a coroner's jury recommended that no charges be filed against the trooper.
Vernon said that nothing in the 10 hours of testimony from a coroner's inquest and almost 57 interviews taken after the shooting discredited the troopers' version of events. She said Curry's pants were torn from the fence and shell casings at the scene verify the troopers' account.
"They are not trained to believe troopers' guns are fired accidentally and in a rapidly evolving situation, they have only time to react," she said.
Police said the boy was behind the wheel of a stolen Ford Bronco II that had crashed into a house and a tree in Uniontown before the truck smashed into a fence.
Ellerbe was wearing baggy clothes and police said they did not know he was 12 years old.
The decision to draw their guns was in line with state police training because the troopers believed they were in pursuit of a felon who might endanger others, Vernon said.
Ellerbe refused police commands to stop and refused to remove his hands from his pockets, police said.
All that was found in Ellerbe's pockets were a few coins, a pocket knife, a screwdriver, candy and Pokemon cards.
An attorney for the family and people who knew Ellerbe reacted angrily to the announcement.
"God have mercy on the commonwealth of Pennsylvania and God have mercy upon the (justice) system if they allow them to get away with shooting a 12-year-old boy," said the Rev. Carol Farrell, who said Ellerbe used to play around his church. "A 12-year-old boy was murdered. Shot in the back."
Attorney Joel Sansone said police have "conspired to hide the truth." He said it would have been impossible for the boy to run away from police with his hands in his pockets, as police have testified.
The investigation has been handed over to the U.S. Attorney's office in Pittsburgh and to the FBI, Vernon said.
The state police are conducting an internal investigation of the shooting.
State Police Capt. Roger Waters said no decision has been made as to whether the troopers, who were on administrative duty, would be returned to normal duty.
Previous Stories:
January 28, 2003: Ruling On Boy's Police-Chase Death Questioned
January 20, 2003: FBI Expands Probe To Include More Local Cases
January 20, 2003: Noted Lawyer To Sue In Boy's Police-Chase Death
December 31, 2002: Funeral Held For 12-Year-Old Shot While Running From Police
POSTED: 1:58 p.m. EST January 31, 2003
UPDATED: 5:54 p.m. EST January 31, 2003
UNIONTOWN, Pa. -- A state police trooper who fatally shot a 12-year-old boy in the back will not face state charges, a district Attorney said Friday.
Trooper Samuel Nassan's decision to shoot Michael Ellerbe as the boy ran from police following a car chase on the day before Christmas was "a foreseeable response," Fayette County District Attorney Nancy Vernon said.
The officer said he believed he and his partner were under fire and he did not know Ellerbe's age when he fired the bullet that struck the boy in the back and pierced his heart.
Investigators have since learned that it was Curry's gun that discharged when he was chasing the boy through a Uniontown neighborhood and scaled a fence.
Nassan called to his partner and when he did not respond, he acted "according to the law in regard to the use of deadly force," Vernon said.
The district attorney's decision came four days after a coroner's jury recommended that no charges be filed against the trooper.
Vernon said that nothing in the 10 hours of testimony from a coroner's inquest and almost 57 interviews taken after the shooting discredited the troopers' version of events. She said Curry's pants were torn from the fence and shell casings at the scene verify the troopers' account.
"They are not trained to believe troopers' guns are fired accidentally and in a rapidly evolving situation, they have only time to react," she said.
Police said the boy was behind the wheel of a stolen Ford Bronco II that had crashed into a house and a tree in Uniontown before the truck smashed into a fence.
Ellerbe was wearing baggy clothes and police said they did not know he was 12 years old.
The decision to draw their guns was in line with state police training because the troopers believed they were in pursuit of a felon who might endanger others, Vernon said.
Ellerbe refused police commands to stop and refused to remove his hands from his pockets, police said.
All that was found in Ellerbe's pockets were a few coins, a pocket knife, a screwdriver, candy and Pokemon cards.
An attorney for the family and people who knew Ellerbe reacted angrily to the announcement.
"God have mercy on the commonwealth of Pennsylvania and God have mercy upon the (justice) system if they allow them to get away with shooting a 12-year-old boy," said the Rev. Carol Farrell, who said Ellerbe used to play around his church. "A 12-year-old boy was murdered. Shot in the back."
Attorney Joel Sansone said police have "conspired to hide the truth." He said it would have been impossible for the boy to run away from police with his hands in his pockets, as police have testified.
The investigation has been handed over to the U.S. Attorney's office in Pittsburgh and to the FBI, Vernon said.
The state police are conducting an internal investigation of the shooting.
State Police Capt. Roger Waters said no decision has been made as to whether the troopers, who were on administrative duty, would be returned to normal duty.
Previous Stories:
January 28, 2003: Ruling On Boy's Police-Chase Death Questioned
January 20, 2003: FBI Expands Probe To Include More Local Cases
January 20, 2003: Noted Lawyer To Sue In Boy's Police-Chase Death
December 31, 2002: Funeral Held For 12-Year-Old Shot While Running From Police
POSTED: 1:58 p.m. EST January 31, 2003
UPDATED: 5:54 p.m. EST January 31, 2003
UNIONTOWN, Pa. -- A state police trooper who fatally shot a 12-year-old boy in the back will not face state charges, a district Attorney said Friday.
Trooper Samuel Nassan's decision to shoot Michael Ellerbe as the boy ran from police following a car chase on the day before Christmas was "a foreseeable response," Fayette County District Attorney Nancy Vernon said.
The officer said he believed he and his partner were under fire and he did not know Ellerbe's age when he fired the bullet that struck the boy in the back and pierced his heart.
Investigators have since learned that it was Curry's gun that discharged when he was chasing the boy through a Uniontown neighborhood and scaled a fence.
Nassan called to his partner and when he did not respond, he acted "according to the law in regard to the use of deadly force," Vernon said.
The district attorney's decision came four days after a coroner's jury recommended that no charges be filed against the trooper.
Vernon said that nothing in the 10 hours of testimony from a coroner's inquest and almost 57 interviews taken after the shooting discredited the troopers' version of events. She said Curry's pants were torn from the fence and shell casings at the scene verify the troopers' account.
"They are not trained to believe troopers' guns are fired accidentally and in a rapidly evolving situation, they have only time to react," she said.
Police said the boy was behind the wheel of a stolen Ford Bronco II that had crashed into a house and a tree in Uniontown before the truck smashed into a fence.
Ellerbe was wearing baggy clothes and police said they did not know he was 12 years old.
The decision to draw their guns was in line with state police training because the troopers believed they were in pursuit of a felon who might endanger others, Vernon said.
Ellerbe refused police commands to stop and refused to remove his hands from his pockets, police said.
All that was found in Ellerbe's pockets were a few coins, a pocket knife, a screwdriver, candy and Pokemon cards.
An attorney for the family and people who knew Ellerbe reacted angrily to the announcement.
"God have mercy on the commonwealth of Pennsylvania and God have mercy upon the (justice) system if they allow them to get away with shooting a 12-year-old boy," said the Rev. Carol Farrell, who said Ellerbe used to play around his church. "A 12-year-old boy was murdered. Shot in the back."
Attorney Joel Sansone said police have "conspired to hide the truth." He said it would have been impossible for the boy to run away from police with his hands in his pockets, as police have testified.
The investigation has been handed over to the U.S. Attorney's office in Pittsburgh and to the FBI, Vernon said.
The state police are conducting an internal investigation of the shooting.
State Police Capt. Roger Waters said no decision has been made as to whether the troopers, who were on administrative duty, would be returned to normal duty.
Previous Stories:
January 28, 2003: Ruling On Boy's Police-Chase Death Questioned
January 20, 2003: FBI Expands Probe To Include More Local Cases
January 20, 2003: Noted Lawyer To Sue In Boy's Police-Chase Death
December 31, 2002: Funeral Held For 12-Year-Old Shot While Running From Police
POSTED: 1:58 p.m. EST January 31, 2003
UPDATED: 5:54 p.m. EST January 31, 2003
UNIONTOWN, Pa. -- A state police trooper who fatally shot a 12-year-old boy in the back will not face state charges, a district Attorney said Friday.
Trooper Samuel Nassan's decision to shoot Michael Ellerbe as the boy ran from police following a car chase on the day before Christmas was "a foreseeable response," Fayette County District Attorney Nancy Vernon said.
The officer said he believed he and his partner were under fire and he did not know Ellerbe's age when he fired the bullet that struck the boy in the back and pierced his heart.
Investigators have since learned that it was Curry's gun that discharged when he was chasing the boy through a Uniontown neighborhood and scaled a fence.
Nassan called to his partner and when he did not respond, he acted "according to the law in regard to the use of deadly force," Vernon said.
The district attorney's decision came four days after a coroner's jury recommended that no charges be filed against the trooper.
Vernon said that nothing in the 10 hours of testimony from a coroner's inquest and almost 57 interviews taken after the shooting discredited the troopers' version of events. She said Curry's pants were torn from the fence and shell casings at the scene verify the troopers' account.
"They are not trained to believe troopers' guns are fired accidentally and in a rapidly evolving situation, they have only time to react," she said.
Police said the boy was behind the wheel of a stolen Ford Bronco II that had crashed into a house and a tree in Uniontown before the truck smashed into a fence.
Ellerbe was wearing baggy clothes and police said they did not know he was 12 years old.
The decision to draw their guns was in line with state police training because the troopers believed they were in pursuit of a felon who might endanger others, Vernon said.
Ellerbe refused police commands to stop and refused to remove his hands from his pockets, police said.
All that was found in Ellerbe's pockets were a few coins, a pocket knife, a screwdriver, candy and Pokemon cards.
An attorney for the family and people who knew Ellerbe reacted angrily to the announcement.
"God have mercy on the commonwealth of Pennsylvania and God have mercy upon the (justice) system if they allow them to get away with shooting a 12-year-old boy," said the Rev. Carol Farrell, who said Ellerbe used to play around his church. "A 12-year-old boy was murdered. Shot in the back."
Attorney Joel Sansone said police have "conspired to hide the truth." He said it would have been impossible for the boy to run away from police with his hands in his pockets, as police have testified.
The investigation has been handed over to the U.S. Attorney's office in Pittsburgh and to the FBI, Vernon said.
The state police are conducting an internal investigation of the shooting.
State Police Capt. Roger Waters said no decision has been made as to whether the troopers, who were on administrative duty, would be returned to normal duty.
Previous Stories:
January 28, 2003: Ruling On Boy's Police-Chase Death Questioned
January 20, 2003: FBI Expands Probe To Include More Local Cases
January 20, 2003: Noted Lawyer To Sue In Boy's Police-Chase Death
December 31, 2002: Funeral Held For 12-Year-Old Shot While Running From Police