N.Y. jury gets wrongful-death case in police shooting of Marine vet, 68

WHITE PLAINS, N.Y. — A federal jury has begun weighing whether a White Plains officer was right to shoot and kill a 68-year-old Marine Corps veteran after breaking down his door — or whether the officer and the city should be held liable for his actions.

Video: Son of police shooting victim moved by Colin Kaepernick support

Kenneth Chamberlain Jr., whose father was killed by White Plains Police and who is seeking damages in a federal wrongful death lawsuit, talks about how he was moved by Colin Kaepernick's support of his family.

Ricky Flores/lohud

Kenneth Chamberlain Sr., a retired correction officer, was killed nearly five years ago — on Nov. 19, 2011 — after officers responded to his apartment at 135 S. Lexington Ave. when his medical alert device went off.

After an hour-long standoff, Chamberlain was hit with a stun gun and bean bags before charging at officers with a knife, according to testimony at the civil trial by officers who responded to the scene.

The family filed a $21 million wrongful death lawsuit. A number of defendants in the case were dismissed; the city and Police Officer Anthony Carelli, who fired the fatal shot, are the only remaining defendants.

The jury hearing the case in U.S. District Court in White Plains deliberated a little under two hours on Wednesday before breaking for the day. They will resume deliberations at 9:30 a.m. ET Thursday.

The trial began last Monday before Judge Cathy Seibel. Among those testifying were Carelli and now-retired Sgt. Keith Martin, who said he believed he would have been killed had Carelli not intervened.

Randolph McLaughlin, the Chamberlain family's lawyer, said in his closing argument Thursday that he did not believe Carelli fired maliciously.

"He was nervous," he said. "He was afraid. I don't believe he's an evil person. Not at all. He made a mistake."

But, "this situation got out of control," McLaughlin said. "What the officers did that day was way out of control."

McLaughlin referenced White Plains police department training materials that say a beanbag shot is more powerful than a Mike Tyson punch. He questioned officers' testimony that Chamberlain was hit by four beanbags and was still standing.

"He'd have to be Superman," McLaughlin said. "He'd have to be Luke Cage."

He contended Chamberlain was actually shot while he was on the ground.

McLaughlin also questioned retired Martin's testimony that he entered Chamberlain's apartment with no tactical gear on although Chamberlain was standing there with a knife.

"No reasonable officer would do that," McLaughlin said. "No one would."

Follow Matt Spillane on Twitter: @MattSpillane