Lawyer says Chamberlain could not have attacked cops

Police shooting victim Kenneth Chamberlain, Sr.'s lawyer said an autopsy report indicated that the 68-year-old could not have been attacking the officers when he was gunned down in his White Plains apartment Nov. 19.

Randolph McLaughlin, the Chamberlain family's attorney, said the report showed that Chamberlain could not have been attacking White Plains officer Anthony Carelli and another policeman because his arms were at his side at the time the police shot.

The officers had responded an alert sent from Chamberlain's medical alert pendant. Chamberlain became agitated, and the policemen tried to neutralize the ex-marine with a stun gun and beanbag pellets. The police claim Chamberlain came at them with a knife.

But McLaughlin said that the path of the fatal bullet showed that Chamberlain's arms were at his side, not in an attacking position. The lawyer said the report showed that the bullet entered Chamberlain's right upper arm and went into his lungs.

The report, according to the lawyer, also indicated there were no drugs. But Chamberlain did have an alcohol level of .11, making him legally drunk.

The family has notified White Plains of its intention to file a civil suit against White Plains and the police department.

The DA's office is expected to present the case to a grand jury, perhaps later this week.