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Vol. 72/No. 13      March 31, 2008

 
Family of 12-year-old boy
killed by cops wins lawsuit
 
BY OMARI MUSA  
A federal jury ruled March 11 that two Pennsylvania state troopers “maliciously” shot and killed 12-year-old Michael Ellerbe on Christmas Eve 2002 in Uniontown, Pennsylvania. Uniontown is in the coal fields south of Pittsburgh. The jury awarded $28 million to Ellerbe’s father, Michael Hickenbottom.

The Black youth was shot in the back while running from state troopers Samuel Nassan and Juan Curry. The killing sparked demonstrations in Pittsburgh and Uniontown. People Against Police Violence, a group formed by relatives, community activists, the Uniontown NAACP, and others, called several protests.

The cops said Ellerbe had been driving a stolen vehicle. Nassan claimed he shot Ellerbe after he heard gunfire and thought the youth had shot his partner Curry. Curry said his gun discharged as he tried to climb a fence while chasing Ellerbe. No powder burns were found on the fence where Curry said his gun went off. According to an expert witness, shell casings were found in places that didn’t correspond with the cops’ positions at the time of the shooting. Witnesses to the killing said they did not see Ellerbe with a gun.

The jury rejected police claims that Ellerbe was driving a stolen vehicle. It also rejected the coroner’s inquest and an FBI investigation that accepted the cops’ account of the killing. The coroner’s jury had deliberated only 55 minutes before deciding Nassan was justified in the killing.

An attorney for Ellerbe’s family, Geoffrey Fieger, said the verdict showed the cops “lied, covered up, and fabricated in order to avoid responsibility, and those in power went along with it.”

Following the verdict, Michael Hickenbottom said, “after five years, my baby has been vindicated.” Andrew Fletcher, the cop’s lawyer, said he would appeal.  
 
 
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