Community Wants PA State Troopers Dismissed - Officers Liable for Killing 12 Yr. Old Black Boy

/

 ELLERBESIGN.JPG  
A Fayette County woman is organizing a rally to call for the dismissals of two state troopers involved in the fatal shooting of 12-year-old Michael Ellerbe.

Kayme Downard, a Uniontown activist, said the rally is scheduled for 9 a.m. April 14 on the courthouse steps.

"I'm not insinuating that all cops are bad, or that the whole barracks is, but we are demanding Officers Curry and Nassan be fired immediately and face criminal charges," Downard said. "We are also asking federal prosecutors to investigate District Attorney Nancy Vernon and her handling of the case."

A jury in a federal civil rights case awarded more than $28 million in damages to Ellerbe's family. Ellerbe was shot in the back Christmas Eve 2002 while running from state Troopers Juan Curry and Samuel Nassan.

The verdict contradicted previous criminal investigations that found the troopers' actions were justified. The troopers said Nassan shot Ellerbe, who was running from a stolen sport utility vehicle, after Curry's gun accidentally discharged. The gunfire led Nassan to believe his partner had been shot.

Vernon yesterday declined comment on allegations that her office, which employs a relative of Curry's, mishandled the case.

"That's preposterous," Vernon said. "I won't even dignify it with a comment."

U.S. Attorney Mary Beth Buchanan, who agreed to review the transcript of the civil trial following the Ellerbe verdict, declined to comment yesterday.

Downard said she believes the outcome of the criminal investigation would have been different had it not involved the police.

"'If I felt threatened by Michael Ellerbe running away from me, and I gunned him down in the back, I'd be in jail right now," Downard said. "There is a double standard."

Although Downard said she has secured a required permit from Uniontown police for the rally, the permit was not available yesterday for review. Police Chief Jason Cox could not be reached for comment, but a clerk said the permit paperwork is incomplete.

Earlier this week, a federal judge denied a motion by Curry and Nassan to have the federal civil case dismissed. [MORE]

  • Pictured above: Deana Patterson of Uniontown, a member of People Against Police Violence, protests the shooting of 12-year-old Michael Ellerbe outside the Fayette County Courthouse. (Darrell Sapp, Post-Gazette)