To: Janet DiFiore, District Attorney
Justice for Kenneth Chamberlain Sr.
This petition is regarding the upcoming Grand Jury hearing in the case of Kenneth Chamberlain, Sr., an unarmed elderly black citizen who was shot to death by the White Plains Police Department.
This case not only brings into question the policies and practices of this department; but it is an open question whether it was inevitable, particularly in light of the audio tapes and video tapes witnessed by Mr. Chamberlain’s family members and attorneys where racial slurs and expletives were used before ultimately shooting him twice in the chest and killing him.
It is imperative that those tapes be made available to the Grand Jury, and that all other evidence be presented as well.
Members of Mr. Chamberlain’s family and community--and a much wider circle of people who need to know there is fairness in the criminal justice system--seek reassurance that, no matter what the verdict, the process has been open, honest, and just.
We, the undersigned, implore Westchester County District Attorney Janet DiFiore to no longer allow police misconduct, brutality, or criminality to happen in this community and ask that these officers be indicted and charged with murder and civil rights violations.
Why is this important?
On November 19, 2011, at approximately 5 a.m., 68-year-old Kenneth Chamberlain, Sr., was at his home located at 135 S. Lexington Avenue in White Plains, New York.
He was a 20-year veteran of the Westchester County Department of Corrections, and he proudly served the United States of America as a Marine, receiving an honorable discharge. He stood about 5 feet, 9 inches tall, and he suffered from a heart condition.
His medical alert device sent an alert to his service provider, which placed a call to the City of White Plains Department of Public Safety. In response to the call, police officers, firefighters, and emergency medical technicians went to Chamberlain’s home. Once at his house, the police knocked on his door and were verbally greeted by him. He told them that he did not need assistance and that there was no medical emergency. He told them that he did not call them.
Despite being told that there was no need for their services, the police refused to leave and insisted that he let them into his home.
Kenneth had not committed any crime, and he declined to let them into his home. He communicated with police at length, and his medical alert service provider advised the White Plains Police Department that they wanted to withdraw their request for medical assistance because there was no emergency. Despite this information, the police continued to insist that they gain an entry to his apartment.
During the incident, the police banged the door over and over again, causing him to fear for his life. In fact, he even contacted his medical alert service provider while the police were banging on his door and asked them for help. He told them that the White Plains Police employees were outside his door and were going to kill him. The medical alert service provider recorded the communications between the police and the victim. During the incident, the police were disrespectful to him and threatened him as he stood in his apartment and told them that he just wanted to be left alone.
The police continued to bang on the front door for approximately an hour. During that time they taunted him, cursed at him, and called him a "n*****." They ultimately broke through his apartment door and forced their way into his apartment, all without his consent. Upon entering his home, and without warning or prior verbal warnings or orders, police immediately used a Taser weapon and attempted to shock him with the Taser’s electricity. He was standing approximately six to eight feet away from the officers, and he was wearing nothing but boxer shorts when the police began their assault against him.
After using the Taser against him, everything else is questionable except for the fact that two 40 caliber rounds were fired into Chamberlain's chest, which resulted in his death. Autopsy shows that KC was shot while standing with his arms at his side, through one arm, puncturing the lungs. The toxicology exam said that “no drugs of abuse were detected.” Cyclobenzaprine, a muscle relaxant, was found in Chamberlain’s blood.
We are calling on the United States Department of Justice or the New York State Attorney General to prosecute this as a hate crime, since it appears that his killing was motivated by racial hatred.