Shooting victim remembered during vigil; D.A. asked to reconsider filing charges
There were more than 13 candles burning to mark Michael Ellerbe’s 13th birthday on Friday. Standing in a chilling evening rain in front of the Fayette County Courthouse, about 40 people held candles, sang and prayed for peace, love and justice.
They sang “Happy Birthday” shortly after 6 p.m., right around the time he might have been blowing out the 13 candles on his birthday cake.
His father, Michael Hickenbottom, could only manage to thank all those who withstood the cold rain and said, “Happy birthday, baby,” before he was overcome with tears.
Friends and members of the newly formed Uniontown chapter of People Against Police Violence said justice has not yet been served in Ellerbe’s shooting death on Christmas Eve, and they vowed to continue to seek it.
A state police trooper shot Ellerbe in a Uniontown alley during a foot chase, which started after the boy wrecked a stolen SUV, police said.
Trooper Juan Curry’s gun discharged while he was jumping a fence just behind Ellerbe. Trooper Samuel Nassan, who was trailing in the chase when he heard the gunshot, testified during a coroner’s inquest that he saw Curry fall, so he shot Ellerbe, mistakenly believing the boy had just shot Curry.
The coroner’s jury ruled the shooting was justified, and District Attorney Nancy Vernon decided not to pursue charges against the officer.
On the day Ellerbe would have turned 13, people prayed for God’s guidance and asked for support in their efforts to obtain justice.
“We don’t want his death to be in vain,” said the Rev. Eric Johnson.
Rev. Johnson said police were wrong in shooting Ellerbe as he ran away.
“They ought to do what’s right when a police officer abuses his power,” Johnson said. “It’s not a black issue. It’s not a white issue. It’s a people issue.”
Adrianne Wilson of the Fayette County NAACP told the group to remember not only Ellerbe but all children who society failed, and she asked society’s leaders to pray to God for integrity.
She encouraged people to write or call the district attorney’s office and express their feelings.
Tina Whitehead prayed for “wisdom and guidance as we search for justice and truth.”
“God said there’s going to be some justice for Michael. God is going to fix this thing,” Jefferson Lang said. “Love is a powerful weapon. Stop fighting against each other and start fighting for each other.”
Westley Dennis said people should not be against police officers but should protest when police use excessive force. If police need additional training to avoid using unnecessary force, they should receive it, he said.
To the Ellerbe family, Dennis said, “We can encourage you, but your strength comes from the Lord.”
Dennis said the group is meeting at noon today in the Lemon Wood Acres hall to plan future events. He said daily picketing on behalf of Ellerbe will continue in front of the courthouse.
Dennis also said a petition drive aimed at convincing Vernon to reopen the case will begin soon. He said people will have petitions at the courthouse, post offices, Penn State Fayette Campus and in California.
Along those lines, a group of 10 children, some Ellerbe’s age, delivered about 300 signed letters to Vernon on Friday, asking her to reconsider filing charges against Nassan and Curry.
Deana Patterson of People Against Police Violence called the children “my soldiers” as she led the group to Vernon’s office and asked to speak to the chief prosecutor. Vernon immediately came out of her office and shook hands with the children as she accepted their letters.
“Today (Ellerbe) would have turned 13, and he’d have been in juvenile hall if he’d been arrested instead of put in the ground,” Patterson told Vernon.
Vernon thanked the group for coming to her office and later said that it was within her power to reconsider the charges. She noted, however, that federal investigators are conducting their own probe of the shooting. The federal investigation could lead to charges if U.S. Attorney Mary Beth Buchanan so chooses.
“Out of respect for their offices, which I brought into this case, I’m not going to comment further,” said Vernon, who noted that she has received no new evidence that would prompt her to change her initial decision.
Among the children who handed Vernon letters were Ellerbe’s three brothers and step-sister. Some of the children wore T-shirts that others sported at a Feb. 15 rally against police violence. The shirts had Ellerbe’s picture on them and asked for justice in his name.
“I hope she saw their faces,” Patterson said of the children who handed Vernon the letters.
The form letters bore signatures from people who attended the rally and those who signed as Patterson and other members of the group People Against Police Violence protested in front of the courthouse.
The letters asked Vernon to reconsider her decision not to file charges.
“The people want to see this case go into a court of law where all the evidence can be looked it. When you were voted into office you took an oath that you would carry out this duty. I am asking you to keep your oath and do your duty,” read one part of the three-paragraph letter.