$28 million award against troopers in boy's killing U.S. jury finds state police intentionally shot, killed 12-year-old boy
A jury yesterday awarded the father of Michael Ellerbe more than $28 million after finding that two Pennsylvania state police troopers intentionally shot and killed the 12-year-old boy in Uniontown on Christmas Eve of 2002.
The bulk of the award, $24 million, came in punitive damages intended to punish Trooper Samuel Nassan and Cpl. Juan Curry for "maliciously" violating Michael's constitutional rights. The state of Pennsylvania is responsible for paying.
After nearly three days of deliberations, the jury said both Trooper Nassan and Cpl. Curry shot at the boy, contradicting the accounts given by both men during the trial.
Trooper Nassan testified that he fired at Michael because he heard a gunshot and thought the boy had shot at his partner. Cpl. Curry said his gun fired accidentally as he was climbing a fence to chase Michael, who had been running from a stolen car. Michael was unarmed.
"This is not about money. This is about justice," said Geoffrey Fieger, a lawyer for Michael Hickenbottom, the boy's father. "The jury has determined unanimously that these officers shot a little boy in the back and arm and lied about it."
Mr. Fieger, a prominent Michigan attorney, spoke to reporters via conference call from Detroit, while a weary Mr. Hickenbottom sat in front of television cameras and reporters in a Downtown law office.
"I'm not out to make history. I'm out to find answers about my son's death," he said. "I just want to know -- why did [they] shoot him in the back?"
Mr. Fieger was scathingly critical of the state police, calling it a "Gestapo agency" where the highest ranks were actively involved with trying to cover up the true circumstances of the shooting. He suggested that both federal and state officials should review the evidence presented during the trial.
An attorney for the troopers said he would appeal.
"This obviously is an enormously disappointing verdict that, in our view, is not at all supported by the evidence," Andrew K. Fletcher told reporters from the steps of the federal courthouse as Trooper Nassan and Cpl. Curry silently stood beside him.
LINK to the rest of the story here
CAR THIEF, BAD KID OR NOT... HE HAD NO WEAPON AND THEY SHOT HIM IN THE BACK!!!!
The officers' attorney, Andrew K. Fletcher, left, talks with reporters with Cpl. Juan Curry, center and Trooper Samuel Nassan, right, after the jury's decision.
A jury yesterday awarded the father of Michael Ellerbe more than $28 million after finding that two Pennsylvania state police troopers intentionally shot and killed the 12-year-old boy in Uniontown on Christmas Eve of 2002.
The bulk of the award, $24 million, came in punitive damages intended to punish Trooper Samuel Nassan and Cpl. Juan Curry for "maliciously" violating Michael's constitutional rights. The state of Pennsylvania is responsible for paying.
After nearly three days of deliberations, the jury said both Trooper Nassan and Cpl. Curry shot at the boy, contradicting the accounts given by both men during the trial.
Trooper Nassan testified that he fired at Michael because he heard a gunshot and thought the boy had shot at his partner. Cpl. Curry said his gun fired accidentally as he was climbing a fence to chase Michael, who had been running from a stolen car. Michael was unarmed.
"This is not about money. This is about justice," said Geoffrey Fieger, a lawyer for Michael Hickenbottom, the boy's father. "The jury has determined unanimously that these officers shot a little boy in the back and arm and lied about it."
Mr. Fieger, a prominent Michigan attorney, spoke to reporters via conference call from Detroit, while a weary Mr. Hickenbottom sat in front of television cameras and reporters in a Downtown law office.
"I'm not out to make history. I'm out to find answers about my son's death," he said. "I just want to know -- why did [they] shoot him in the back?"
Mr. Fieger was scathingly critical of the state police, calling it a "Gestapo agency" where the highest ranks were actively involved with trying to cover up the true circumstances of the shooting. He suggested that both federal and state officials should review the evidence presented during the trial.
An attorney for the troopers said he would appeal.
"This obviously is an enormously disappointing verdict that, in our view, is not at all supported by the evidence," Andrew K. Fletcher told reporters from the steps of the federal courthouse as Trooper Nassan and Cpl. Curry silently stood beside him.
LINK to the rest of the story here
CAR THIEF, BAD KID OR NOT... HE HAD NO WEAPON AND THEY SHOT HIM IN THE BACK!!!!

