Video Of Gunned Down Child Singing In Church Played During Wrongful Death SuitPOSTED: 4:49 pm EST March 4,
2008 PITTSBURGH -- Testimony continued on Tuesday in the wrongful death lawsuit against two state police troopers involved in the fatal shooting of a 12-year-old boy.Michael Ellerbe was shot in the back while running from two troopers who had stopped him in a stolen SUV in Uniontown, Fayette County, on Christmas Eve in 2002.Home video was played in court on Tuesday, showing an innocent side to Ellerbe. The video of Ellerbe singing in church was shown as his father, Michael Hickenbottom, took the stand.The video was taken days before the shooting death of Ellerbe. It was of him singing at a church holiday event for children.Hickenbottom filed the suit in 2003, accusing troopers Samuel Nassan and Juan Curry of using excessive force and other offenses.The troopers have said that Curry fired a gunshot accidentally while climbing a fence during the chase, and when Nassan heard it, he also fired, thinking his partner had been hit.Hickenbottom testified Tuesday that his son was bright, inquisitive and outgoing, and asked insightful questions for his age.Nassan choked up twice as he testified to how he shot and killed the boy who was running away from a car the 12-year-old had stolen.Nassan testified he repeatedly shouted for the boy to show his hands, but that Ellerbe kept putting them back in his pockets.Curry testified his gun went off when he was climbing over the fence. Earlier, Geoffrey Fieger, the attorney for Ellerbe's family, grilled Curry on cross-examination and his testimony."So, if I'm correct, somebody shot a little boy in the back because he had his hands in his pockets," Fieger asked."I never told anybody that," said Curry.Fieger questions Curry's claim that his gun accidentally went off as he was climbing the fence in pursuit of the boy."The gun was a foot from your face," said Fieger to Curry. "Why wasn't there any stippling or gunshot residue on your face and no damage to the fence you were laying on? You're saying if the gun discharged, there wouldn't be residue?""Maybe they looked in the wrong place," said Curry.Jurors will hear more testimony on Wednesday, trying to determine if Curry and Nassan acted appropriately under the circumstances of the chase.A coroner's inquest in 2003 cleared the two troopers of any criminal wrongdoing, and the district attorney declined to file charges.
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