Feb 16, 2008 By Jennifer Harr 2 min read

Attorneys for a Uniontown man suing state police have asked a federal judge in Pittsburgh to allow a late addition to their witness list. Brandi Hill of Uniontown can “positively identify the actual driver of the stolen Bronco, and can state positively that (Michael Ellerbe) was not the driver of the automobile at the time of the crash at issue in this matter,” wrote attorney Joel Sansone.

Michael Hickenbottom of Uniontown, Ellerbe’s father, told his attorneys that Hill “surfaced” on Wednesday evening, according to the filing.

Hickenbottom filed a suit against Trooper Samuel Nassan and Cpl. Juan Curry, claiming Ellerbe, 12, was wrongfully killed on Dec. 24, 2002, in Uniontown’s East End. Prior testimony has indicated that Ellerbe was driving and subsequently crashed a stolen vehicle and then fled from police.

During the ensuing foot chase, Curry’s gun discharged as he vaulted over a fence, and Nassan shot the boy, believing that Ellerbe had shot Curry. Ellerbe, according to prior testimony, was fleeing with his hands in his pockets, which led police to believe that he may have a weapon.

But Hickenbottom’s attorneys have contended that more than one shot was fired at Ellerbe, and that he may not have been the driver of the stolen vehicle at all. Claims that jurors will be asked to decide include one of excessive force.

Sansone said in his motion that Hickenbottom’s attorneys “had heretofore been unaware of the existance of this individual, and had further been unaware that this individual had critical substantive information regarding the events at issue in this case.”

Hill also can offer evidence that “impacts directly on the veracity of various statements made by Nassan and Curry” and another witness for the defense, Sansone’s motion indicated.

Sansone asked that the matter be resolved before presentation of opening remarks in the case, which will begin when jury selection is completed Tuesday.