Pennsylvania State Trooper on Trial in Wrongful Death Case
Pennsylvania State Trooper, Samuel Nassan, took the stand on Tuesday to explain his actions in the Christmas Eve 2002 shooting death of a 12-year-old boy named Michael Ellerbe. Nassan claims that he shot Ellerbe, in the back while he was running away from an SUV he had stolen, because Nassan's then-partner, Juan Curry, had just fallen over a fence and accidentally discharged his weapon. Nassan believed Curry had just been shot and responded in kind.
Murder or Accident?
Days after Ellerbe's death, his family called it "murder." Civil rights attorneys for the family agreed, and the NAACP demanded that at least three members of the African-American community be part of the investigation. State police expressed sorrow and remorse, but refused to discuss details of the incident or the investigation. It is known that one shot through the back and into the heart killed Ellerbe; however, an additional wound to his arm seems to show that Ellerbe was grazed by a bullet from a different direction. It isn't known who fired the shot or exactly how he received it. Even the coroners disagree on the particulars of how Ellerbe was killed. Ellerbe's family and attorneys claimed there was a cover-up, especially after the state troopers were absolved of wrongdoing by a jury in January, 2003.
Family Sues for Wrongful Death
Claiming the state police involved never told Ellerbe to stop before firing, and claiming there was a conspiracy, the family sued seeking more than $75,000 for wrongful death. The suit claims that Ellerbe suffered fear and pain prior to his death.
Senior deputy attorney general, Kemal Alexander Mericli, arguing on behalf of the state, claimed in March 2004 that state police "enjoy sovereign immunity from tort lawsuits." He argued the two troopers involved shouldn't have to face civil rights charges in Ellerbe's death. U.S. District Judge Joy Flowers Conti disagreed and allowed the suit to move forward. It is still being argued today.
For a little over five years Michael Ellerbe's family has been struggling with the boy's death. They know who killed him and how he died, but they've been living in limbo with regard to who will ultimately take responsibility. Both Samuel Nassan and Juan Curry have expressed remorse, as have the state police of Pennsylvania, but this has done little to assuage the family, and the community's, anger.
Yes, Michael Ellerbe, a 12-year-old, was behind the wheel of a stolen SUV, and yes, he ran from the police. But things get murky after that. All we have to go on is what the two troopers there have said, and a boy who was ten at the time, who says he saw the whole thing from his upstairs window. Clear answers may never be given. What is clear is that Michael Ellerbe's family, as well as Samuel Nassan and Juan Curry will continue to live with the consequences of that day.
If you live in Pennsylvania, and you believe a loved one has suffered a wrongful death at the hands of the police, please contact an experienced injury lawyer.
Labels: damages, wrongful death
posted by Neil at 9:49 AM
11 Comments:
These Pennsylvania State Troopers and the State should be held responsible for the wrongful death of this young kid.Sometimes people do wrong things, the State and State Police officers are no exception. Why don't the State and it's officer..just say "I'm sorry" and work out some remuneration for the family. Money is all that is left for the family to receive. In all due respect, these officers should loose their jobs...Michale lost his life!...at age 10
Why is it that people think the police are wrong? or that they intentionally murdered this boy? I don't believe that for a minute. Is it tragic that this young boy lost his life..YES! but what is the whole story....we still don't know but everyone believes the boy couldn't have done wrong, well, why did he steal a car? Where should he have been, at age 13, he should not have been running the streets. Let's look at the big picture and take all the facts. I do feel for the family but this boy should have never been running the streets with friends that night and stealing a vehicle, it was Christmas Eve,....he should have been home with his family.
Why would police officers intentionally murder a child? Anyone who would say something like that has obviously not been in a police pursuit situation. How would you respond if a criminal exited a stolen vehicle and took off running. Then you hear a gunshot! How would you respond? Why was this boy stealing cars and running from the police in the first place?
When are the people of the United States going to say, "Enough is enough?" Where was this boys mother or father when he was out stealing a vehicle? Was he ever disciplined? The verdict awarded to the family today sent one clear message to criminals -- YOUR FAMILY WILL BE REWARDED FOR YOUR MISDEEDS AND BAD BEHAVIOR. What is more disturbing is that this silly jury has said that Police Departments should be even more careful, for fear of litigation, to take appropriate action. Funny thing is, it is the typical "not in my backyard" syndrome. These jury members feel great giving away their liberal award for the criminal misdeeds of this individual, but will be the same ones when their home is burglarized, their daughter is raped, their car is stolen, they'll stand their like dodos and wonder aloud, "What is wrong with society? Why is there so much crime? Why aren't the police doing more?" You want to know why? Because of your stupid award. The kid was committing a crime. An officer responded. The kid was running way from a stolen vehicle. The officer heard a gun discharge. He thought he or his partner might have been the target. He operated in self-defense. It sickens me that the taxpayers of Pennsylvania should even give this family one cent. If the father, who was so visibly upset on the courthouse steps this afternoon cared so much, where was he as a father when he could have been teaching his son right from wrong?
This case is totally ridiculous! I cannot believe that the state of PA is awarding 28 million dollars to the family of a criminal. It is a shame that a child/criminal what ever you would like to label the individual, is no longer with us, however what is a 12 year old doing fleeing from a stolen suv in the first place. Police and State troopers risk their lives on a daily basis, and if the individual would have "LISTED AND OBEYED" the authorities when asked to stop, perhaps this could have been avoided. It is a tragedy that a child’s life was lost, however it is the parents responsibly to guide and teach a child right from wrong. I know that I surely was not steeling cars at the age of twelve, especially on Christmas Eve. I feel that the hard working residents of the State of PA should not have to pay this family 28 million or should take the jobs of these two men. I would love to see how the story would play out if the story was flipped, a state trooper killed by a twelve year old fleeing from a stolen vehicle...his family surely would not be receiving 28 million in damages.
I think the jury needs to know that they just awarded $28 Million to a known drug dealer in Fayette County. If the family of this child were taking care of him as they should have this terrible thing would have never happened. The people who should be held responsible are his family for neglect and child endangerment.
I know for a fact this youngster did in fact have a rought life,up until recently his father did not even know he had a son. Child welfare contacted the Grandmother at her job with the state of new Jersey to take custody of Michael, whose mother was sleeping where ever she could and probably on DRUGS.
These parents(Grand and Father is only out for money,as the source of DRUG and THEFT money is lost.A Church paid for the Funeral I heard.
My deepest sympthany to the family of Michael Ellerbe. No words can erase the sorrow and pain this family continues to feel.
On September 27, 2002, I was severly injured by a PA State Trooper. I remember as though it was yesterday, begging for help and holding my head that was bleeding. I was left there like I was animal. For three years my case was in the hands of a Federal Judge in Allentown, PA and on June 8, 2007, the judge ruled that, the trooper was liable for the injurires that I sustained but.....Now the case in the State Supreme Court. Until this very day, I have not given my deposition. Where is the justice? When is the abuse of power going to stop? Why am I being blamed for my injuries? Why didn't he help me? Why was I treated like an animal?
Our court and government can not and will not allow this sort of behavior to continue.
God bless Michael.
Warmly,
Survivor48
i have been working on a raly fo rmicheal ellerbe and have be fought the whole way..i have dug up alot on both troopers and both should be fired..face criminal charges..da vernons office should not have investigated the shooting coz, officers currys uncle is cheif staff det. and a key memeber, staff to the da..conflict of interest..but, what investigation? no gun residue test where done. no bullets were found with metal detectors eventhough one never exited micheals shirt..no shell tajectory teasting..alot of good that woul dhave done anyway as the toopers changed their stories, to thsi day..none match up to the scence.. nassans hideaway gun was not turned over for 2 yrs and their bloody clothing was never turned over..chain of eveidence and evidence supporting ur testimony should have been turned in..the answer to "why not?" the officers sai" they weren't asked to" officer curry was arrested the summer of2002 under the domestic violence act in uniontown.. his wife, the victim.. ther ewas documented injury.. the pa law states, even if the victim drops the charges..the commonwealth has to carry it over to cort! did not happen..his uncle works for da..if they had carried it, he would have lost his lic. to carry a firearm and micheal would be alive..both officers have violent past and charges..and even some new ones!!i have petioned the court, on the da's right to handle the shooting..petioned the house of rep, to have a independant body inestigate the shooting and fed. prosacutors investigate da's office..nassan teastiftied under oath, he never lost sight of micheal, he never turned around, never pulled his hands out of his paockets..so, how did he think he shot his partner?when nassan said he thought micheal shot curry, no bus was called! no back up!micheal was 12 yrs old, 4'9" 86 pd..it was broad daylight..they were face to face and knew he was a child! there r less forces that could have stopped micheal than letal! i live in the city, where this child was killed and do not want these officers working here!even if it was a "grave" mistake, they need to be held accountable, but..i have so much eveidence,that shows different,i am not allowed to let all out.. i do realease it as i can to the media..micheal did not desrve to die, and surely not in the manner he did.. nassan jokes about kiling this boy!! don't always judge a book by the cover..his family has endured hell! and a thank u to trooper barasknoski, who was the commander that night, came forward and testified against nassan and curry...and has endured hell...a good man, to expose the corruption that is so deep, it's unreal
I think it is absolutely ridiculous to award a felon's family, regardless that the felon was 12, 28 million dollars. I completely agree with a previous poster when they said that you are awarding them for wrong doing. So, if my son had been playing outside and that 12 year old had run him down and killed him while he was driving a stolen car and running from the police, what would I have recieved? NOTHING. Because the 12 year old had nothing to give me. I'm so sick of this. YOU let your child do these things, and this is a possible outcome when you lead a criminal life. Don't tell me at 12 he didn't know better. If he didn't, it was because his family raised him that it was ok to be a criminal! Should he be dead for stealing a car? No.. is it likely he would have ended up dead before he was 20? Yes.. if he was already headed in that direction at that age it is. His death was the best thing to happen to that family.. they just got 28 million dollars of our tax paying dollars that more than likely they aren't even paying into.... This whole situation is wrong. IF the cops just killed him at random on a street corner ... he hadn't been involved in a crime etc.. you still don't SUE the state of PA.. you press criminal charges and pray for the best. But again, I forgot, rules don't apply to criminals or their families..only to the law abiding citizens.
The state police ARE WRONG!!! Many of these posting have not delt with the PA state police. Kids do things, What is next. Shoot them for trying to smoke. this was a child. Even the Pa state police do things wrong, a number of x troopers are in jail, and a number of others are waiting. This coild have been your kid may be for some type of other thing. It was only a motr vehicle.
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