Dad Claims Excessive Force In Son's Police Shooting DeathPOSTED: 11:14 am EST February 11,
2008 PITTSBURGH -- Jury selection is starting in a wrongful death lawsuit against two state troopers linked to the fatal shooting of a 12-year-old boy more than five years ago.Michael Ellerbe was shot in the back while running from the two troopers, who had stopped him in a stolen SUV in Uniontown on Christmas Eve in 2002.The boy's father, Michael Hickenbottom, filed the suit in 2003, accusing troopers Samuel Nassan and Juan Curry of using excessive force and other offenses.At a coroner's inquest that same year, Nassan testified that he fired his weapon after hearing a gunshot and seeing Curry tumble over a fence that he was climbing. Nassan said he thought Curry had been shot.But Curry's gun went off unintentionally, troopers testified, not striking anyone.Though Ellerbe was unarmed, Nassan said he thought the boy had a weapon, because he was running with one hand in his pocket.Fayette County District Attorney Nancy Vernon decided not to file charges after the inquest found that the shooting was justified.
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