Feb 20, 2008 4:38 pm US/Eastern
Civil Rights Trial Begins In Ellerbe Case
PITTSBURGH (KDKA) ―
The civil rights trial began for two state troopers in the shooting death of a 12-year-old Fayette County boy.
Michael Ellerbe, 12, was chased by police as a suspect in a stolen car pursuit on Christmas Eve of 2002 in Uniontown.
At issue is whether or not the use of deadly force was justified.
Since the troopers, Samuel Nassan and Juan Curry, were cleared of criminal wrong-doing, the family filed a wrongful death lawsuit in federal court.
Geoffrey Fieger, an attorney from Michigan, is representing the family.
"Police are not ever permitted to shoot a child in the back who is running away from them," he told the jury.
But Andrew Fletcher, an attorney for the troopers, countered that statement.
"Sam Nassan shot a fleeing felony suspect because he believed - he was sure - the suspect shot his partner," he said.
The trooper was mistaken and now the jury will have to weigh the evidence.
Attorney Tim O'Brien follows federal cases like this one.
"This is probably one of the most significant Fourth Amendment excessive force cases that have been tried in the federal court here in years," he said. "The facts of the case are so compelling - this is a 12-year-old, unarmed child who's shot in the back by the police, by state troopers who are supposed to be trained in the use of force."
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