Fayette DA rejects claims of cover-up in 12-yearold’s death
Fayette County District Attorney Nancy D. Vernon on Tuesday called claims of a state police cover-up in the death of 12-year-old Michael Ellerbe “inconceivable” and urged that race not be made an issue. “This incident involves the horrific death of a 12-year-old child,” said Vernon via a press release. “Such a loss extends beyond all race, color and creed. We must all continue to focus on the sanctity of Michael Ellerbe’s life, not his race.”
Ellerbe of Uniontown was shot in the back during a foot chase with two state police troopers on Christmas Eve.
State police said Ellerbe, who is black, was reportedly fleeing from a stolen SUV when he was shot in a backyard between Murray and Cleveland avenues in Uniontown around 2:30 p.m. Police have not said who fired the fatal shot, or even confirmed that it was one of the troopers.
However, Ellerbe family attorney Joel Sansone has cited anonymous sources who claimed that a white trooper, rookie Samuel Nassan, shot the child after his partner, trooper Juan Curry, accidentally discharged his gun when he slipped on ice. Curry, an 8-year veteran of the force, is black.
Vernon said recent media reports of statements made by civil rights attorney Geoffrey Fieger, who is also working with the Ellerbe family, made her decide that a statement was necessary. On Monday, Fieger criticized police and accused them of covering up what happened to Ellerbe on Christmas Eve. He claimed that Ellerbe wouldn’t have been shot if he was white.
Vernon stressed that both the state police and the FBI via a federal probe are looking into Ellerbe’s death. The chief prosecutor called in U.S. Attorney Mary Beth Buchanan early in the probe so that the FBI could conduct a civil rights investigation.
“I’m ensuring an independent and complete investigation by bringing in not only the state police, but the FBI,” said Vernon.
As for allegations that police are intimidating witnesses or others involved in the alleged theft of the SUV Ellerbe was in, Vernon said she has heard no complaints.
“I have not been contacted by anybody in regard to any threats. Something like that would certainly be brought to my attention or to the attention of federal authorities,” said Vernon.
Fieger, who has represented clients like Dr. Jack Kevorkian and filed high publicity lawsuits against rapper Eminem and “The Jenny Jones Show,” claimed police may be threatening to file charges against people unless they testify in favor of police.
Although Fieger said that police may have been less than 60 feet away from Ellerbe when he was shot, Vernon declined to comment on any specifics of the investigation. She said information will come out at the inquest on Monday.
During that process, a panel of six jurors and two alternates chosen randomly from the general jury pool, will hear testimony about Ellerbe’s death from 10 to 15 witnesses, said Vernon.
Coroner Dr. Phillip E. Reilly typically runs inquests like less formal court proceedings. Since he is not a judge, Reilly does not make rulings on the admissibility of evidence and allows all facts to come out through participant testimony.
Witnesses are given an oath to tell the truth and then offer information. Although the coroner’s office does subpoena people to appear, they do not have to testify. Reilly routinely urges witnesses represented by attorneys to follow the advice of that attorney at the inquest. In some occasions, attorneys have advised witnesses not to say anything.
The events of the shooting will be reconstructed through testimony and then jurors will deliberate. They rule on cause (how the person died) and manner of death. The manner of death can include an avoidable or unavoidable accident, homicide, suicide or undetermined.
Along with those rulings, jurors can also recommend charges be filed. However, whether or not charges are filed is ultimately up to prosecutors.
While the inquest is scheduled to start Monday morning, Vernon said it could go into the next day. The process is open to the public and comments and questions from those directly involved with the case have traditionally been permitted.
Because there are a large number of attendees anticipated, the inquest has been moved from the federal building to the courthouse in courtroom three.
Vernon said both she and Buchanan are waiting for the close of the inquest so they can make “an informed determination as to the outcome of this incident.”
Fieger said he intends to file a lawsuit by the end of next week.