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N.C. prosecutors won't retry officer who killed black man
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The North Carolina Attorney General announced his office will not retry a Charlotte police officer who fatally shot an unarmed black man in 2013, saying it's apparent that "meeting the standard proof beyond a reasonable doubt could not be achieved." VPC
CHARLOTTE, N.C. — Prosecutor will not retry a Charlotte-Mecklenburg police officer who fatally shot an unarmed black man. Jurors were unable to reach a unaimous decision on manslaughter charges in the case earlier this month.
At a news conference Friday in Raleigh, North Carolina Attorney General, Roy Cooper said "our prosecutors believe unanimously that a retrial will not yield a different result."
A week ago a jury deadlocked eight to four in favor of acquitting Officer Randall Kerrick, who was charged with voluntary manslaughter for the shooting death of Jonathan Ferrell, a former college football player, in September 2013.
Police say Ferrell wrecked his car on the morning of Sept. 14, 2013, and went to a nearby house and banged on the door, apparently seeking help. The resident called police, and three officers, including Kerrick, responded.
Investigators say one deployed his Taser without apparent effect on Ferrell before Kerrick fired 12 shots, 10 of which hit him.
Kerrick testified that he repeatedly fired because Ferrell kept charging at him and that he didn't think his weapon was even working.
Prosecutors said nonlethal force should have been used to subdue Ferrell, who played football at Florida A&M University. The two officers with Kerrick didn't fire their guns.
The jury foreman, said the only thing the 12 members could agree on was that a unanimous decision could not be reached even if deliberations continued.
A mistrial was declared, touching off two nights of mostly peaceful protests in Charlotte, with demonstrators demanding that Kerrick face trial again.
The case was handled by the Attorney General's prosecutors to avoid a conflict of interest for the Mecklenburg County District Attorney's office, which works closely with Charlotte-Mecklenburg police.
Cooper did say that he believed the charge against Kerrick was warranted.
"While our prosecutors believed that the elements of voluntary manslaughter were met by the facts and the law in this case, only four members of the jury agreed with us."
Cooper said that as far as he is concerned, the case against Kerrick is closed — unless some new evidence surfaces.
"The prosecutors believe that overall the jury was conscientious and the judge was fair, but even taking all that into account, meeting the standard of proof beyond a reasonable doubt could not be achieved."
The Ferrell family has settled a lawsuit with the city of Charlotte, receiving $2.25 million. Chris Chestnut, the attorney for the Ferrell family, wasn't immediately available for comment, but Ferrell's mother told The Charlotte Observer that she doesn't think prosecutors tried hard enough to convict Kerrick.
"They didn't try hard enough. It was just another black life," Georgia Ferrell told the Observer. "They don't care."
Kerrick has been free on bond. He is suspended without pay from the Charlotte-Mecklenburg Police Department.
On Friday, Charlotte-Mecklenburg police Chief Kerry Putney said internal affairs will conduct an investigation to determine if Kerrick "followed all department policies and procedures" in the shooting.
Kerrick's attorney George Laughrun said his client is relieved there will not be another trial, but there wasn't necessarily a reason to celebrate.
"I think there are no winners or losers here, obviously," Laughrun said.
Contributing: The Associated Press
Read or Share this story: http://usat.ly/1F4LPvT
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N.C. prosecutors won't retry officer who killed black man
UP NEXT
03
The North Carolina Attorney General announced his office will not retry a Charlotte police officer who fatally shot an unarmed black man in 2013, saying it's apparent that "meeting the standard proof beyond a reasonable doubt could not be achieved." VPC
Randall Kerrick(Photo: WCNC)
CHARLOTTE, N.C. — Prosecutor will not retry a Charlotte-Mecklenburg police officer who fatally shot an unarmed black man. Jurors were unable to reach a unaimous decision on manslaughter charges in the case earlier this month.
At a news conference Friday in Raleigh, North Carolina Attorney General, Roy Cooper said "our prosecutors believe unanimously that a retrial will not yield a different result."
A week ago a jury deadlocked eight to four in favor of acquitting Officer Randall Kerrick, who was charged with voluntary manslaughter for the shooting death of Jonathan Ferrell, a former college football player, in September 2013.
Police say Ferrell wrecked his car on the morning of Sept. 14, 2013, and went to a nearby house and banged on the door, apparently seeking help. The resident called police, and three officers, including Kerrick, responded.
Investigators say one deployed his Taser without apparent effect on Ferrell before Kerrick fired 12 shots, 10 of which hit him.
Kerrick testified that he repeatedly fired because Ferrell kept charging at him and that he didn't think his weapon was even working.
Prosecutors said nonlethal force should have been used to subdue Ferrell, who played football at Florida A&M University. The two officers with Kerrick didn't fire their guns.
The jury foreman, said the only thing the 12 members could agree on was that a unanimous decision could not be reached even if deliberations continued.
A mistrial was declared, touching off two nights of mostly peaceful protests in Charlotte, with demonstrators demanding that Kerrick face trial again.
The case was handled by the Attorney General's prosecutors to avoid a conflict of interest for the Mecklenburg County District Attorney's office, which works closely with Charlotte-Mecklenburg police.
Cooper did say that he believed the charge against Kerrick was warranted.
"While our prosecutors believed that the elements of voluntary manslaughter were met by the facts and the law in this case, only four members of the jury agreed with us."
Cooper said that as far as he is concerned, the case against Kerrick is closed — unless some new evidence surfaces.
"The prosecutors believe that overall the jury was conscientious and the judge was fair, but even taking all that into account, meeting the standard of proof beyond a reasonable doubt could not be achieved."
The Ferrell family has settled a lawsuit with the city of Charlotte, receiving $2.25 million. Chris Chestnut, the attorney for the Ferrell family, wasn't immediately available for comment, but Ferrell's mother told The Charlotte Observer that she doesn't think prosecutors tried hard enough to convict Kerrick.
"They didn't try hard enough. It was just another black life," Georgia Ferrell told the Observer. "They don't care."
Kerrick has been free on bond. He is suspended without pay from the Charlotte-Mecklenburg Police Department.
On Friday, Charlotte-Mecklenburg police Chief Kerry Putney said internal affairs will conduct an investigation to determine if Kerrick "followed all department policies and procedures" in the shooting.
Kerrick's attorney George Laughrun said his client is relieved there will not be another trial, but there wasn't necessarily a reason to celebrate.
"I think there are no winners or losers here, obviously," Laughrun said.
Contributing: The Associated Press
Read or Share this story: http://usat.ly/1F4LPvT
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