Mar 11, 2008 1:26 pm US/Eastern
Jury: Troopers Liable In Ellerbe Case
PITTSBURGH (KDKA) ―
A federal jury has reached a verdict in the Michael Ellerbe civil case.
At issue was whether two state troopers used excessive force when they shot and killed 12 year-old Michael Ellerbe after a police case in Uniontown in December 2002.
After 19 hours of deliberation, over four days, the jury called the actions of both Trooper Samuel Nassan and Juan Curry unreasonable and wanton in Ellerbe's death.
The jury awarded $28 million in damages to the family of Ellerbe.
That figure includes $24 million in punitive damages -- $12 million against Nassan and $12 million against Curry – plus $4 million in non-economic damages.
Michael Hickenbottom, the father of Ellerbe, began this legal process nearly six years ago and had tears in his eyes in the court room.
The troopers though were clearly disappointed and still contend that Nassan believed that Curry had been shot by Ellerbe when Curry's gun fired an errant shots at a fence.
The boy was not armed.
"Well after five years, my baby has been vindicated," said Hickenbottom. "And that is enough for me."
"This is obviously an enormously disappointing verdict in our view, not at all supported by the evidence," said defense attorney Andrew Fletcher. "We stand behind Trooper Nassan and Corporal Curry. Their actions that day were made under tense, uncertain, rapidly evolving circumstances."
The troopers were named individually as defendants.
It is unclear whether the Commonwealth of Pennsylvania or the State Police could be liable in this judgment.
Fletcher says that he will appeal.
Stay with KDKA for more details.
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