Demonstrators seek justice in police slaying of 12-year-old
Speaking from his heart, the Rev. Robert Spence Jr. called for the resignation of the state police commander, the district attorney and the coroner Saturday as marchers protested a decision not to prosecute state police officers involved in the Dec. 24 shooting of 12-year-old Michael Ellerbe. About 300 protesters, organized by the group People Against Police Violence, joined during a rally and show of unity on the steps of the Fayette County Courthouse.
“A 12-year-old boy has been executed in cold blood, and someone is trying to cover it up,” Spence shouted to angry protesters during the courthouse rally.
“I’m asking for Capt. Roger Waters, commander of (the Pennsylvania state police) Troop B, to resign,” said Spence, past president of the Fayette County Branch of the National Association for the Advancement of Colored People (NAACP). “I’m also asking for Fayette County District Attorney Nancy Vernon to resign. I’m also calling for the immediate resignation of Fayette County Coroner Dr. Phillip E. Reilly.”
During the rally, which continued more than two hours in freezing temperatures, the marchers protested what they called a “cover-up” in the Ellerbe investigation.
They also rallied against police brutality in other cases involving black men in the Pittsburgh area who recently were killed by police.
“State police shot and killed my son, and now they’re trying to cover it up. We’re not going to let them do that,” said Michael Hickenbottom, Ellerbe’s father, as the protesters cheered. “I know there is a lot of love out there, and I want to thank each and every one of you for supporting us. It means a lot to us.”
The group peacefully marched about one mile from the Calvary United Methodist Church on Clark Street, down Connellsville Street and then onto Murray Avenue, where they stopped for a moment near the yard where Ellerbe was shot and killed.
Ellerbe, of Uniontown, died Christmas Eve after he was shot in the back by trooper Samuel Nassan. Nassan, who is white, said he believed Ellerbe had shot his partner, Juan Curry, who is black, during a foot chase.
Curry said he accidentally shot his own gun while attempting to leap a 4-foot-high fence and then caught his trousers on the fence, causing him to fall.
According to Nassan and Curry, Ellerbe was driving a stolen sport-utility vehicle. The boy was shot dead after a brief vehicle chase and then a foot chase in which Ellerbe repeatedly refused to stop.
Several weeks ago, a Fayette County coroner’s jury found the shooting was a justifiable homicide.
When interviewed after the rally, Spence said he made his comments seeking the resignations of Vernon, Reilly and Waters “off the cuff.”
“I got up there. I was angry, and I spoke from my heart,” Spence said. “I really don’t know how I’m going to seek their resignations, because I haven’t thought that far ahead yet. I don’t know if I’m going to write letters or what I’m going to do.”
When contacted at her home after the protest, Vernon said she was surprised that Rev. Spence was calling for her resignation, because she brought in the FBI and the U.S. attorney for a full investigation of the Ellerbe shooting one week after it occurred.
“My formal response to comments made by Rev. Spence is that I wouldn’t dignify it with a response,” Vernon said. “I made my decision in accordance with the law. I saw no violation of the criminal statutes.”
During the coroner’s inquest, Vernon said, witnesses who wanted to testify were given an opportunity. Vernon said Reilly granted attorney Joel Sansone, who is representing the Ellerbe family, a chance to subpoena two witnesses and gave one of those witnesses immunity.
“That is unfortunate that they are calling for our resignations when we’re just doing our jobs,” Vernon said. “I have no plans to resign. I’m surprised that Rev. Spence is calling for our resignations, because I thought he was a very fair man who got along well with me and understood me as a person. I’ve always had a good relationship with him. I considered him to be a friend. I thought that I knew him. Now, I think I never knew him at all.”
When contacted after the protest, Reilly said he has no plans to resign, and he doesn’t understand the explanation or the justification of why Rev. Spence is asking for his resignation.
“The jurors made the decision after presentation of all of the testimony under oath,” Reilly said. “There were interviews and stories. The jurors heard that, and they had the opportunity to ask questions. At least five lawyers were present throughout the inquest, and that was all accomplished. If the jurors were in error, or if there is another theory of what happened, they should present that evidence to the district attorney’s office. But not knowing what the general dissatisfaction is, I have no plans to jump up and immediately resign.”
Waters, commander of Troop B of the state police, which includes the Uniontown, Washington, Waynesburg and Belle Vernon stations, did not return phone calls Saturday evening.
During the protest, Spence told the crowd, including many people who carried signs protesting the Ellerbe shooting and other recent police killings of black men in the Pittsburgh area, that he has found himself in a difficult position in the wake of the Ellerbe killing.
The conflict exists because Spence serves as a spokesman for the Ellerbe family and as chaplain for the state police, where he conducts funeral services.
“It’s a tough position that I’m in, because I’m a father and a grandfather, and I know what Michael Ellerbe’s family is going through,” Spence said. “I’ve been an advocate for justice for 40 years. I have bullet holes in my house because I stand up for what I believe in.”
Spence said he made a decision to resign immediately from his position as chaplain for the state police.
Spence said he was extremely upset, because national leaders, including NAACP President Kweisi Mfume and presidential candidate the Rev. Al Sharpton, didn’t attend the march.
“It’s an insult that our black leaders aren’t with us here today,” Spence said. “If something like this won’t bring our leaders out, I don’t know what will. I’m disassociating myself with the NAACP because our national leaders aren’t here with us today.”
Diana Ridgeley, vice president of the Fayette County chapter of the NAACP, said she was very sad that the protesters had to assemble in Uniontown under the circumstances.
“How much will it take for people to rise up against tyranny?” Ridgeley asked.
“A 12-year-old boy is in his grave, and there is no justice for him. What is the point? Who will be the next target? Will it be you or me? Will it be our children or our grandchildren? Let’s draw a line in the sand right now.”