HomeLocal$5 million settlement with family of veteran killed in White Plains

$5 million settlement with family of veteran killed in White Plains

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White Plains 

After more than 10 years, the city of White Plains and its Common Council has agreed to a $5 million settlement with the family of a 68-year-old marine veteran, who was shot and killed by a White Plains Police officer. 

Kenneth Chamberlain Sr. was shot and killed by White Plains Police in 2011 – none of the officers involved were ever charged by a grand jury. 

For the former marine’s son, Kenneth Chamberlain Jr., news of the settlement is a bittersweet end to a civil suit that has dragged on since then. 

“This settlement is not a cause for celebration,” said Chamberlain Jr. to the media. “I always say the one thing I’ve learned is it’s not what you know, it’s what you can prove. In my gut, I feel like the case was not presented fairly.” 

The incident began when Chamberlain Sr. who suffered from mental illness, accidentally triggered a medical alert device – the veteran had a heart condition and was bipolar. 

What started as a welfare check became a standoff with an increasingly agitated Chamberlain refusing to let the officers in – insisting he was okay. The standoff lasted over an hour. 

From there, the officers demanded to enter. 

“And then moments after that, he is tased, shot with a bean bag shotgun, and killed,” said Chamberlain Jr. “A logical mind would say that’s a hate crime.” 

Chamberlain was tasered, shot with a bean bag, but killed by a gunshot after police say he came at them with a knife. 

The family says the autopsy shows Chamberlain was on the ground and not a threat at the time. 

“The only people who say he had a knife at that moment were the officers who were there, getting ready to shoot him and those who were present,” said attorney of the family, Randolph McLaughlin. “The person who could’ve really told us what happened is no longer with us.” 

The officers were never charged criminally, and the Justice Department declined to file civil rights charges. 

Chamberlain sued the department and last week the White Plains Common Council agreed to pay the family $5 million – the largest settlement in the city’s history. 

“When I say monetary compensation should be part of the process, it is in no way should it be considered a substitute for justice and accountability in these types of issues,” said Chamberlain Jr. 

The District’s Attorney 

Two years ago, the current Westchester County District Attorney ordered a review of the case for possible criminal charges, but last week announced there was insufficient evidence to re-present the case to a grand jury. 

The District Attorney Miriam E. Rocah announced that the independent reviews of the police-involved shooting deaths of Danroy “DJ” Henry, Jr. and Kenneth Chamberlain, Sr. identified no new evidence to convene new grand juries. In addition to the conclusion by special prosecutors.  

“The independent reviews have concluded that there is no legal basis to resubmit charges to a new grand jury. The review of the circumstances and aftermath of the shooting deaths of DJ Henry and Kenneth Chamberlain, Sr. by me and members of my executive team did, however, identify areas where real analysis and reform are desperately needed. We are sharing our findings and recommendations in the hopes that we can improve the process in police-involved shooting cases to be more transparent, fair and compassionate to grieving families. When those of us in the criminal justice system acknowledge where we can do better, the increased transparency leads to more faith and trust in the system. More critically, it allows for prosecutors and law enforcement alike to take steps to ensure that tragedies like these are not repeated.”, DA Rocah said. 

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