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Vindicating verdict: Authorities cannot ignore what jurors said
Friday, March 14, 2008

On Tuesday, a jury awarded $28 million to the father of a 12-year-old Uniontown boy shot in the back by two Pennsylvania state troopers six years ago.

The jury's decision vindicated those who had maintained all along that the shooting of an unarmed boy on Christmas Eve 2002 was a bigger crime than the theft of the Ford Bronco that triggered the pursuit.

What happened that day and the nature of the incident that led to Michael Ellerbe's shooting have been at the heart of the dispute between the boy's family and the state troopers.

Trooper Samuel Nassan insists he shot the unarmed boy because he believed he and his partner were being shot at when Cpl. Juan Curry's gun discharged.

The troopers claimed it was an accident. The lawyer for Michael Ellerbe's family argued that the forensics didn't support the troopers' testimony.

The civil jury deliberated three days before deciding that Michael Ellerbe had, indeed, been shot maliciously and that his constitutional rights had been violated.

This is in contrast to the 55 minutes a Fayette County coroner's jury took in 2003 to declare the shooting of Michael Ellerbe justified.

Because the FBI cleared them, Trooper Samuel Nassan and Cpl. Juan Curry never had to face a criminal trial. The state police and the Fayette County district attorney also declined to file charges.

Many considered the shooting in Uniontown and the failure to file charges against the troopers a miscarriage of justice. Only a civil suit brought by the family had a chance of righting the scales of justice.

Even after the verdict, Michael Hickenbottom will probably never get a definitive answer about why his son is dead.

Still, the family must be encouraged that U.S. Attorney Mary Beth Buchanan is willing to take another look at the case. Many questions need to be answered before anyone can say with confidence that justice has been done.

The lawyers for the troopers have vowed to appeal the verdict, so it will be a long time before Pennsylvania has to pay the bill for a Christmas Eve shooting so many years ago.

Until then, the state police should listen to its critics and review procedures for the use of deadly force. Accountability should begin before the next shooting.

First published on March 14, 2008 at 12:00 am