NO Justice from the Justice Department: No charges against PA Troopers who Shot 12 Year Old Black Boy on Christmas Eve
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Two police officers involved in a Christmas Eve shooting in which a 12-year-old black boy was fatally shot in the back two years ago won't face federal charges, according to the U.S. Department of Justice. Michael Ellerbe was shot in a Uniontown alley in 2002 while running from two state troopers who were chasing a stolen SUV, police said. The shooting inflamed racial tensions. The Justice Department said Monday that "there is insufficient evidence to support federal criminal charges," according to a news release from U.S. Attorney Mary Beth Buchanan and Assistant Attorney General R. Alexander Acosta. "The evidence in this case indicates that the troopers believed that Michael Ellerbe may have had a gun, and that the trooper who fired the fatal shot believed that Michael Ellerbe had shot at his partner first," Buchanan wrote. "Although the results of the investigation indicated that both of these beliefs turned out to be erroneous, there was evidence indicating that these beliefs were held in good faith." At a coroner's hearing in January 2003, Trooper Samuel Nassan testified that he fired at the boy because he thought his partner, Juan Curry, had been shot. Curry, who is black, testified that his gun had accidentally gone off as he crossed a fence while chasing Ellerbe. Joel Sansone, the attorney for Ellerbe's father, Michael Hickenbottom, said called Buchanan's decision was "very bad news." "I never had any faith in police policing police. And while it's disappointing, it's not a surprise," Sansone said. He said he believes there is strong evidence to seek charges against the police, and added the family is considering asking federal officials to review the decision not to do so. A wrongful death lawsuit against the troopers that claims they intentionally shot Ellerbe is also still pending. [more] and [more]
