Westchester County district attorney says 2 fatal police shootings of Black men will not be resubmitted to grand jury
PLEASANTVILLE, N.Y. -- Two fatal police shootings of Black men in Westchester County will not be resubmitted to a grand jury.
That's the decision after an independent review of the cases ordered by District Attorney Mimi Rocah.
In 2010, Pace University football player DJ Henry was shot dead by Pleasantville cop Aaron Hess, who claimed Henry's car struck him and he feared for his life.
In 2011, ex-Marine Kenneth Chamberlain Sr. was killed by White Plains Officer Anthony Carelli, who said Chamberlain had a knife and posed a threat.
In 2021, the DA announced independent reviews of the grand jury decisions not to charge either officer.
The now-complete reviews, Rocah says, "have concluded there is no legal basis to resubmit charges to a new grand jury."
"What this review did was just show us how the laws regarding grand jury proceedings protect the system on a whole from accountability," said Kenneth Chamberlain Jr., son of Kenneth Chamberlain Sr.
Chamberlain Jr. and his attorney say while they appreciate the independent review, it's now time for New York to reform secrecy and other rules of grand juries looking at police shootings.
"We need a change in the grand jury law which will require sealing only when there's a good faith application made by the prosecutor, and the other thing is that the grand jury should be open to both parties. It shouldn't be housed in the DA's office on the third floor. It oughta truly be the people's grand jury and everybody should have equal access to witnesses and to being able to question witnesses," said Chamberlain family attorney Mayo Barlett.
- To read the conclusion of the review into Henry's death, click here.
- To read the conclusion of the review into Chamberlain's death, click here.
In 2021, Henry's family supported the review. Their attorney says rules preventing disclosure of what was presented to the grand jury are frustrating.
"I do feel the standard in New York is one that leaves, in situations like this, uncertainty, doubt, and unfortunately that's very hard for the family to deal with," Henry family attorney Michael Sussman said.
Both families would also like to see the full report from the independent reviewers instead of just the summary that was shared.
Rocah apologized to both the Henry and Chamberlain families, saying they should have been treated with more respect and compassion by police, the DA's office and other authorities.
