Dec 26, 2003 By Steve Ferris 4 min read

When he woke up on Christmas Eve, Michael Hickenbottom wondered how he was going to make it through the day. A year ago on that day his 12-year-old son, Michael Ellerbe, was shot and killed while running from state police after he wrecked a stolen vehicle in Uniontown’s East End.

After a ceremony in front of the Fayette County Courthouse, where supporters said justice has not been served in the boy’s death, Hickenbottom spent part of the afternoon sitting next to his son’s grave, surrounded by his other children.

“My babies, I’m here because of them. They miss their brother,” Hickenbottom said as he wept at the courthouse. “This isn’t right. This is supposed to be the happiest time of the year.”

He then wished a merry Christmas to everybody who gathered.

Before he and about 30 family members and friends left to lay a wreath at his son’s grave in Sylvan Heights Cemetery, he motioned to the flag and said, “Liberty and justice for all is all we want.”

The FBI and the U.S. Attorney’s office in Pittsburgh are continuing to investigate the case, and Hickenbottom has filed a federal wrongful death civil lawsuit on behalf of his deceased son’s estate.

U.S. Attorney Mary Beth Buchanan is reviewing all available information about the case and is expected to conclude the investigation in several weeks, according to her spokesperson, Margaret Philbin.

An internal state police investigation found that the two troopers involved, Samuel Nassan, who fired the fatal shot, and Juan Curry, did not violate department policy.

No disciplinary action was taken against either officer. Nassan transferred to another barracks shortly after the Dec. 24, 2002, incident, and Curry returned to active duty at the Uniontown barracks in June.

A jury in a coroner’s inquest in January ruled the shooting was justified.

Renee Wilson of the Pittsburgh-based People Against Police Violence organized Wednesday’s ceremony.

Speaking at the courthouse, she said there has been no justice in Ellerbe’s case and several other Pittsburgh cases in which people have died in confrontations with police. “No justice in Pennsylvania,” she said.

Wilson said people who do not believe justice has been administered should express their opinions at election polls this year.

“Jesus was killed unjustly, like Michael,” Wilson said.

Westley Dennis, a friend of the Hickenbottom family, questioned police training methods.

“How are you training these people?” Dennis said. “Train these people properly.”

He said that during his time in the military, he was trained to take care of his partner first.

Nassan, who testified at the inquest, said he was trailing Curry during the later part of the foot chase and heard a gunshot. He said that moments later, when he caught up, he saw Curry fall to the ground and believed Ellerbe had shot him.

He then shot Ellerbe, who was ahead of Curry. The bullet struck Ellerbe in the back and pierced his heart.

During the initial part of the foot chase, Nassan said, Ellerbe was running with his body at an angle with one of his hands in his pants pocket and that he ignored repeated orders to stop and show his hands.

Curry testified that he had his gun drawn while chasing the boy, but it discharged when he fell trying to cross a backyard fence.

They said the foot pursuit began after Ellerbe wrecked a Ford Bronco that had been reported stolen.

Hickenbottom said the officer did not have a justified reason to shoot his son, pointing out that the boy was shot in the back while running away from the police.

Dennis said he wondered if the end result would have been the same if the officers were chasing a white boy. He also questioned how the shooting could be considered justified when the officers had their guns drawn during the foot chase.

“Justice has not been served,” Dennis said.

Gordon Everett of Pittsburgh, who said he is a member of the Black Radical Congress, said Ellerbe was “shot and murdered” because he was a young black man.

The Rev. Robert Spence, who opened the courthouse ceremony, said the Hickenbottoms harbor no hate or animosity toward anybody, but they want justice.

“I believe that Michael Hickenbottom and his family just want what is right to be done,” Rev. Spence said.

Spence also prayed for God to comfort the family and for investigators and police to be compassionate.