Boy’s Family Awarded $28M in Wrongful Death Case

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March 13th, 2008

"12 Year Old Boy Shot by Police was Unarmed"

A federal jury awarded $28 million in damages to the family of a 12-year-old boy who was fatally shot by the state police.

Fatal Wound

Michael Ellerbe was killed on Christmas Eve 2002 while being chased by two state troopers, Samuel Nassan and Cpl. Juan Curry. He died of a gunshot wound that pierced the arteries around the heart and severed his spine. Ellerbe was unarmed.

According to the troopers, Nassan fired when he heard a gunshot. He thought the boy had shot Curry, but Curry’s gun had accidentally discharged while he was jumping a fence.

Suit Filed

Michael Hickenbottom, Ellerbe’s father, filed the wrongful death suit in federal court, claiming the police used unreasonable force. Last week, the jury found in favor of Hickenbottom.

“The hard part of this is a 12-year-old innocent is dead. The case was never about money. There was no accident,” said Joel Sansone, the family’s attorney.

(Source: Tribune-Review)

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