The Militant (logo)  
   Vol. 67/No. 6           February 17, 2003  
 
 
Pittsburgh inquest says cop killing of
12-year-old youth was ‘justifiable’
 
BY MARTY RESSLER  
UNIONTOWN, Pennsylvania--A dozen protesters stood outside the courtroom here on January 27 as a jury ruled that the killing of 12-year-old Michael Ellerbe by two cops was "justifiable homicide."

State troopers Juan Curry and Samuel Nassan had "acted in a reasonable manner based on their training and Pennsylvania state law" in shooting the youth on December 24, said the six-person, all-white jury in a unanimous decision that serves as an advisory opinion for the district attorney.

Ellerbe died after being shot through the heart from the back. He was one of three Black individuals killed by cops in Pittsburgh in November and December. Some 170 people joined a rally and march in Mt. Oliver on January 20 to protest the killings and other incidents of police brutality.

In his courtroom testimony Nassan said he chased the unarmed youth, thinking he was older, as he ran away from an allegedly stolen vehicle, and shot him after he saw Curry fall as if shot.

Curry denied that he had fired, although his gun had been discharged. His attorney suggested that the trigger had caught on fence wire during the chase.

Tracy Calloway, who helped to lead the protesters outside the courtroom, said she was "shocked" by the verdict. "Everyone is angry. We are not going to let it stand," she said. "There are too many complaints about the police officers in Uniontown. I don’t feel it was right."

The group of protesters included 10-year-old Melvin Duley, who witnessed the killing from the window of his home and has disputed the police account.

Fayette County district attorney Nancy Vernon will now decide whether or not to file charges against the two cops.  
 
 
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