UNIONTOWN, Pa. -- A Fayette County jury ruled late Monday night that a 12-year-old's fatal shooting in the back was justified, and recommended that no charges be filed against state police.

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Police Testify Inquest Criticized

The announcement came after a 10-hour coroner's inquest into the death of Michael Ellerbe, whose heart was pierced by a bullet on a Uniontown street on Christmas Eve. Jurors cited state law, the training of the troopers involved and the facts as they were presented as the reasons behind their decision.

During the inquest, Trooper Samuel Nassan testified that he saw Ellerbe flee a sport utility vehicle that had crashed after being reported stolen. Nassan said Ellerbe put one of his hands in a pocket of his clothing while running, so he became concerned and shouted instructions at Ellerbe to let him see his hands.

Nassan said he then heard a gunshot and saw his partner, Trooper Juan Curry, fall while trying to scale a fence. Nassan said he was sure Curry, whose face was pale, had been shot, so he fired his gun in Ellerbe's direction.

Curry testified that he had his gun out while he climbed over the fence, but said his finger wasn't on the trigger. He said a piece of protruding metal on the chain-link fence may have hit the trigger, causing his weapon to accidentally discharge.

Allegheny County Coroner Cyril Wecht said an autopsy showed that a bullet entered Ellerbe's body from behind, striking his aorta and pulmonary artery. There was little chance for survival, even if surgery had taken place within minutes, Wecht testified.

Neither police nor Ellerbe's father commented to Action News after the hearing.

The case has raised controversy because Ellerbe was black and unarmed, Nassan is white and Curry was not shot, though Nassan thought he was.

Joel Sansone, an attorney for Ellerbe's family, said police are trying to "cover up" the shooting, and he said the jury's decision did not surprise him.

"When you only hear one side of the story, and it's that touchy feely version we all heard in there, what do you expect?" Sansone asked. "They didn't get to hear any of the other evidence, so how could they possibly make a fair decision?"

Adrianne Wilson, executive board member of the local chapter of the National Association for the Advancement of Colored People, also criticized the hearing.

"You saw what went on in there. It was ridiculous, blatant," Wilson said. "They didn't care. They did what they wanted to do."

The all-white jury should have included black representation, Sansone said. The local NAACP has also demanded that blacks be involved in any Ellerbe investigations.

Fayette County Coroner Phillip Reilly said the jurors' names were randomly chosen from a list used for all cases in the county. He said he had no power to change the panel.

The final call on whether to prosecute rests with the Fayette County District Attorney's Office. No announcement has been made on a timetable for that decision.

Regardless of whether criminal charges are forthcoming or not, Sansone said the Ellerbe family will soon file a federal lawsuit alleging civil rights violations. Last week, prominent Michigan attorney Geoffrey Fieger said he had also been retained by the family for that purpose.

The FBI is conducting an ongoing civil rights investigation of the Ellerbe shooting.