No local charges will be filed
No local charges will be filed against two troopers involved in the Christmas Eve shooting death of 12-year-old Michael Ellerbe. Fayette County District Attorney Nancy D. Vernon said at a Friday press conference that trooper Samuel Nassan, who fired the fatal shot, acted appropriately under the law.
“In protecting the public and dealing with circumstances that are tense and quick, thousands of foot pursuits are conducted daily by police officers across the nation. Most are uneventful. However, tragedies at times occur. Although a terrible tragedy has occurred, I see no violation of the criminal statutes,” Vernon said.
Even with the decision not to file local charges, the troopers still face possible federal charges as the FBI is conducting a separate probe under the direction of U.S. Attorney Mary Beth Buchanan.
In making her decision, Vernon said she took into account the law on deadly force, the evidence presented at Monday’s inquest and 57 police interviews.
Included in the physical evidence she reviewed were the baggy jeans worn by Ellerbe and the ripped uniform of trooper Juan Curry. It was Curry’s gun that accidentally discharged as he climbed a 4-foot fence along a Cleveland Avenue residence as he ran after Ellerbe.
When Curry fell to the other side of the fence, Nassan believed he had been shot and fired at Ellerbe. The bullet hit him in the back, puncturing his heart, and then exited out the youngster’s chest.
Both Nassan and Curry testified Ellerbe fled from them when they saw him in a stolen Ford Bronco around 2 p.m. After the Bronco hit a house and then a fence, Ellerbe got out and ran, according to the troopers.
During the pursuit, both testified that Ellerbe kept his hand in his right front pocket, prompting them to draw their guns as they gave chase.
Vernon said that Curry was gaining “quite rapidly” on Ellerbe when he scaled the fence and his gun discharged.
“Had he not become entangled in the fence, Michael was within reach of trooper Curry,” said Vernon.
In firing his weapon after Curry’s gun discharged, Nassan followed police protocol, said Vernon.
“(Troopers) are not trained to believe that … guns are fired accidentally in a rapidly evolving situation with only time to react,” she said. “It was lawful, under the circumstances to apply deadly force to stop the action.”
As she made her announcement, Vernon was flanked by state police Capt. Roger Waters, the commander of Troop B; Lt. Harvey Cole, the commander of the Uniontown barracks; and Cpl. Gregory Keefer, the chief investigating officer in the shooting.
Waters said that state police have yet to finish with their internal investigation. When it is completed, Waters said he will meet with Curry and Nassan to review the findings and determine if they should return to active duty. Both are on administrative duty.
Waters said that Vernon’s decision is separate from his, and would not impact the troopers’ fates.
Vernon announced her decision four days after a panel of coroner’s jurors listened to 10 hours of testimony at an inquest into Ellerbe’s death and ruled the manner of his death was justifiable homicide.
Had jurors not ruled in that manner, Vernon said her decision not to file charges would have remained the same.
Noting that the jury ruling supported her feelings, Vernon said, “I am cognizant that lay people can give a view, but are not qualified to read and make decisions involving the law.”
Responding to questions from reporters, Vernon said she did not feel that she rushed to judgement in this case when there are still other inquests where she has yet to act on jurors’ recommendations.
During a March inquest into the hypothermia-related death of an infant, jurors recommended Vernon’s office pursue criminal charges against the baby’s parents. Similarly, jurors recommended that parents of three children who died in a house fire be charged, ruling their actions negligent. That inquest took place in May.
Vernon said she came to a decision quickly in this case at the request of Ellerbe’s family, whom she said wanted a speedy resolution.
As for the other cases, Vernon said she has not heard families of those inquest subjects publicly request a quick decision.
Her brief statement also addressed concerns that she should not have handled the probe at all because Curry’s uncle, Lawrence Curry, is the county’s chief detective.
Because facts early on indicated that Nassan shot Ellerbe, Vernon said she was comfortable retaining jurisdiction.
“If at any time I was told … Juan Curry shot Michael Ellerbe, I would have taken myself off this case.”
Vernon said she has expressed her deepest sympathies to the Ellerbe family for their loss, and noted that the case has effected everyone involved, including her.