By Dan Nephin, The Associated Press
PITTSBURGH (AP) -- Two police officers involved in a Christmas Eve shooting in which a 12-year-old black boy was fatally shot in the back two years ago won’t face federal charges, according to the U.S. Department of Justice.
Michael Ellerbe was shot in a Uniontown alley in 2002 while running from two state troopers who were chasing a stolen SUV, police said.
The Justice Department said Monday that “there is insufficient evidence to support federal criminal charges,” according to a news release from U.S. Attorney Mary Beth Buchanan and Assistant Attorney General R. Alexander Acosta.
“The evidence in this case indicates that the troopers believed that Michael Ellerbe may have had a gun, and that the trooper who fired the fatal shot believed that Michael Ellerbe had shot at his partner first,” Buchanan wrote. “Although the results of the investigation indicated that both of these beliefs turned out to be erroneous, there was evidence indicating that these beliefs were held in good faith.”
At a coroner’s hearing in January 2003, Trooper Samuel Nassan testified that he fired at the boy because he thought his partner, Juan Curry, had been shot. Curry, who is black, testified that his gun had accidentally gone off as he crossed a fence while chasing Ellerbe. Police say Ellerbe ran away from a stolen SUV he was driving.
Investigations by Fayette County’s district attorney and coroner and the state police had already cleared the troopers, finding that the shooting was the result of an accident.
Joel Sansone, the attorney for Ellerbe’s father, Michael Hickenbottom, did not immediately return a message Monday. In a wrongful death lawsuit against the troopers, Sansone has claimed the police intentionally shot Ellerbe and lied about it.
Sean Connolly, spokesman for the state Attorney General’s Office, did not immediately return a message Monday. The office represents the troopers in the civil suit.
“This is a tragic situation that occurred,” said Linette Quinn, a state police spokeswoman. “We’re satisfied with the decision.”
Curry has returned to regular duty at the Uniontown barracks and Nassan transferred to the Pittsburgh barracks.