Family of retired Marine slain by Westchester cops files federal lawsuit

Sues city of White Plains for $21 million


 The family of a former Marine shot by Westchester cops filed a $21 million suit Monday against the city of White Plains and the officers involved.

"Make no mistake my father was murdered," Kenneth Chamberlain Jr., 45, said outside Manhattan Federal Court, where the wrongful death and negligence suit was filed.

Kenneth Chamberlain Sr., 68, was shot and killed Nov. 19 in his ground floor White Plains apartment by cops who initially responded to a mistaken medical alert, and then ignored his repeated drunken shouts to go away and leave him alone.

At least one officer yelled a racial slur during the early morning encounter, according to audio and video evidence.

Police say Chamberlain was shot after he came at officers with a knife and hatchet.

He was also zapped with a stun gun and a beanbag gun before being shot in the chest.

In May, Westchester District Attorney Janet DiFiore announced that a grand jury had decided not to indict Anthony Carelli, the officer who fired the fatal shot.

She said use of the "N-word" was meant to distract Chamberlain but condemned the tactic.

The day after Carelli was cleared, Manhattan U.S. Attorney Preet Bharara said his office would review the shooting to determine if there were any criminal violations of Chamberlain's federal civil rights.

Kenneth Chamberlain Jr. said he was glad the shooting is under federal investigation, adding that he and his family were "very hopeful and very confident" that an indictment would come out of it.

"My family and I didn't ask for any of this," he said. "If I could turn back the hands of time and have my father with me right now, that would be the best thing for all of us."

His attorney Randolph McLaughlin said that prior to the incident Carelli and two other officers involved in the shooting were defendants in lawsuits alleging police brutality and excessive force.

He accused the officers of causing Chamberlain to become more agitated during the situation and not doing anything to defuse it.

"He said throughout the altercation that the White Plains police were coming in to kill him and they did," McLaughlin said.

Karen Pasquale, a spokeswoman for the city of White Plains and the officers, said there would be no comment on a pending lawsuit.