THE OFFICER INVOLVED SHOOTING IN THE
exhaustive review of the evidence, the grand jury, which began hearing
In this case the District Attorney moved for an order of the court that empanelled the grand jury sitting in this matter, and, upon demonstrating a compelling and particularized need the court has permitted the information contained in this statement (and only this information) to be disclosed.
investigation into Mr. Chamberlain’s death on
audio electronic recordings from several different sources which captured a
substantial portion of the events immediately preceding Mr. Chamberlain’s
death were obtained and preserved as evidence for the grand jury. The
extensive investigation included numerous interviews of family members,
civilians, police officers and expert witnesses. Evidence was collected from the scene and
forensically analyzed by experts in ballistics,
Procedure Law 190.25(4)(a) provides that the Grand
Jury proceedings are secret and a strong presumption of confidentiality
attaches to the record of Grand Jury proceedings. This presumption must be
overcome by a demonstration of “a compelling and particularized need for
access” to the Grand Jury material (
The investigation was conducted by a number of different law enforcement agencies that included criminal investigators from the Westchester County District Attorneys Office, the White Plains Police Department, members of the Westchester County Department of Public Safety’s Forensic Identification Unit, the Westchester County Medical Examiner’s Office, and the Westchester County Department of Laboratories and Research.
In connection with the grand jury proceedings:
• The audio and video electronic recordings made during the incident were played in their entirety for the grand jury. Among those recordings admitted into evidence were the audio recordings from the medical alert agency, Life Station, which recorded their operators’ communications with Mr. Chamberlain during the incident, as well as communications between the police and Mr. Chamberlain, and between the operators from Life Station and members of Mr. Chamberlain’s family. These audio recordings also captured all verbal activity occurring within range of the microphone located inside the Chamberlain apartment. Also admitted into evidence were the audio and video recordings made by the Taser used by a police officer and which captured events before and during its discharge. The evidence also included the audio recordings of the police transmissions during the incident, police communications with operators at Life Station and police communications with a family member. Video from the Housing Authority was also admitted into evidence.
• The grand jury heard testimony from 42 witnesses. Of the 42 witnesses, 21 were civilians. They included family members of Mr. Chamberlain who testified as to their contacts with the police and the medical alert company, Life Station, during the incident; a corporate officer and the telephone operators from Life Station, who were communicating with Mr. Chamberlain and the police during the incident; personnel from the local ambulance company who were present at the scene; and medical personnel, including the emergency room physician who examined Mr. Chamberlain at the hospital immediately after the shooting. Other civilian witnesses included residents in the apartment building.
• Police personnel who testified included the police officers who initially responded to the medical alert call to Mr. Chamberlain’s apartment and the police officers who responded afterwards. The police officer who discharged a Taser gun and the police officer who discharged a shotgun loaded with bean bags at Mr. Chamberlain both testified. The police officer who fired the fatal shot also testified. All three of these police officers testified without the protection of immunity from prosecution.
• Members of the White Plains Fire Department who responded to the medical alert also testified.
• More than 100 exhibits were
admitted into evidence before the grand jury.
Included among the exhibits were ballistic evidence, photographs, and
video surveillance images from the security cameras located in the lobby
outside Mr. Chamberlain’s apartment at
• Expert testimony was elicited from
a ballistics expert, forensic scientists, including
• The death of Kenneth Chamberlain,
Sr. inside his apartment in connection with his encounter with
like to thank the 23 citizens of