White Plains CitizeNetReporter - Jury Clears WP Officer. Will Not Indict for Chamberlain Death. Fed Review Next

WPCNR POLICE GAZETTE. May 4, 2011 UPDATED MAY 5,2012: The Kenneth Chamberlain, Sr., shooting of November 19 has been reviewed by a Grand Jury called by Westchester District Attorney Janet DiFiore. Thursday afternoon the Grand Jury voted not to indict the White Plains Police Officer who shot Mr. Chamberlain in Chamberlain's Winbrook apartment early that morning. Going forward the Chamberlain family attorneys promised to file an action with the U.S. Attorney to investigate the shooting death and promised a civil lawsuit against the City of White Plains. Friday, Preet Bharara, the U.S. Attorney for the Southern District of New York, responding to a request by the Chamberlain attorney released a statement to The Journal News, that his office would review the "available evidence," to "determine whether there were any violations of the federal criminal civil rights laws." The Journal News also reported Saturday morning, citing a news story in the former Reporter Dispatch that "Mr. Chamberlain was acquitted of the November 14, 1970 murder of a motorist in a traffic accident and fatally shot him with the .38 caliber revolver that he (Chamberlain) carried as a correction officer. He was acquitted in 1973." Acccording to a document in the extensive evidence packet released by the White Plains Department of Public Safety to WPCNR Friday afternoon, the police dispatcher first dispatched a Transcare Ambulance to the Winbrook complex he received a Life Station Medical Alert. The document, for the first time reveals a glimpse of Mr. Chamberlain's background with the police while living at Winbrook, and indicates why police officers were sent after the Transcare ambulance was dispatched. Police Officer V. Battaglia wrote in a written statement that-- "Initially, I dispatched Transcare Ambulance-1 to the scene with Car 11 (PO Love). I started to check computer history for Chamberlain and the location (135 South Lexington Avenue). This check showed that Chamberlain had numerous prior arrests including narcotics offenses, multiple disputes with other residents (of 135 South Lexington Avenue),and several emotionally disturbed person calls. Specifically, on 6-5-2011 officers were dispatched to the apartment for a welfare check on Chamberlain (Incident#11-21218). The call narrative indicated that there was an emotionally disturbed person at that location who was not making any sense." In separate statements issued Thursday afternoon, White Plains Mayor Thomas Roach said he would ask the Common Council to authorize a panel to review and recommend updating of police practices in dealing with the public to assure better outcomes in confrontatins between police and citizens in the future. Commissioner of Public Safety David Chong promised to complete a separate internal review of police procedures. District Attorney DiFiore promised her own review of procedures of the White Plains Police Department. Chong also released pages of evidence and audio tapes gathered in the investigation which indicated the deceased Chamberlain had made violent threats against the officers demanding him to come out of his apartment. Portions of audio were played on media reports last night. Chamberlain was heard on News 12, saying on a tape recording, "The first one through that door I'm going to kill," "OK somebody's going to die tonight," "I am protecting myself," "Come on in. Shoot me if you want to," and "They're breaking my door down." The White Plains Police Benevolent Association issued a statement regretting Chamberlain's death and respecting the Grand Jury decision, while criticising the district attorney's release of evidence to the Chamberlain attorneys, writing: "We would call upon the District Attorney to re-evaluate the decision to allow the Chamberlain Family Attorneys access to evidence, after those attorneys, in our opinion, repeatedly demonstrated an utter disregard for the truth and recklessly inflamed this tragic incident." Here are those statements of key officials on the matter:

Mayor Thomas Roach issued this statement Thursday at 3:02 PM to WPCNR on the Grand Jury decision not to indict the White Plains Policer who shot Mr. Chamberlain, Sr.: "I would like to thank District Attorney Janet DiFiore and the Grand Jury for their hard work reviewing this tragic incident. I respect the process they followed and commend them on carrying out a thorough investigation, as I believe was owed to the late Mr. Chamberlain, his family, the police officers involved and our community. Now that the process is concluded the Public Safety Department will be making copies of police investigative materials, including copies of video and audio recordings, available to members of the media. While the work of the DA and Grand Jury has concluded, our work as a City and a community is far from over. A timely, professional, comprehensive and independent review of the policies and procedures of our Public Safety Department is essential. Toward that end, Public Safety will be completing a full review of all aspects of the incident to determine whether protocols and procedures were followed, including the actions of all police personnel involved. Additionally, I will be seeking authorization from the Common Council for funding to have a panel of experts conduct a thorough review of our policies and procedures and provide us with a report recommending improvements and “best practices.” This panel will be chaired by Dr. Maria R. Haberfeld, Professor and Chair of the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice and an internationally recognized expert in police policy and procedure. White Plains is a great city but more importantly, a great community. Working together, we will move forward and bring positive change from this tragedy." The Westchester District Attorney, Janet DiFore issued statement approximately 2:15, stating in part: "The death of Kenneth Chamberlain,Sr., inside his apartment in connection with his encounter with White Plains police officers on November 19, 2011 was a tragedy on many levels. The grand jury heard all the evidence on the use of physical force and deadly physical force by the police in this encounter. The grand jury also heard the evidence of the threatened use of deadly physical force by Mr. Chamberlain during the encounter. As required by law, the grand jury was instructed on the defense of justification under Article 35 of the penal law as to the use of force and deadly physical force by the police. After due deliberation on the evidence presented in this matter the grand jury found that there was no reasonable cause to vote an indictment." The White Plains Police Benevolent Association earlier at 1:02 P.M. Thursday released this statement on the Grand Jury decision to not bring criminal charges against the White Plains Policeman: "We (the WPBA)would like to say that we mourn the tragic death of Kenneth Chamberlain Sr. Every Police Officer’s worst nightmare is to be forced to take a life. We would like to thank the Grand Jury for having the courage to objectively evaluate the evidence and reach the obvious conclusion that Officer Carelli’s actions were necessary and justified to save the life of Sgt. Martin. While we are grateful to the District Attorney’s Office for their impartial investigation and their fair and complete presentation of the FACTS and EVIDENCE to the Grand Jury. We would call upon the District Attorney to re-evaluate the decision to allow the Chamberlain Family Attorneys access to evidence, after those attorneys, in our opinion, repeatedly demonstrated an utter disregard for the truth and recklessly inflamed this tragic incident. The PBA strongly believes that the intentional, irresponsible and unethical actions of the Chamberlain Family Attorneys put the lives of our Officers and our Community at risk. " According to police reports, Chamberlain was shot after he reportedly threatened officers responding to medical Lifeline alert, by brandishing a knife at the officers in what police described as close quarters.


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