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2nd grand jury indicts LEO in shooting of ex-FAMU football player

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  • 2nd grand jury indicts LEO in shooting of ex-FAMU football player

    LEO Kerrick was not indicted last week by a grand jury; and now the State went after Kerrick again, with a full grand jury. Interestingly enough, the original grand jury wanted a lesser charge but the second grand jury went for the voluntary manslaughter indictment. No matter how this tragedy is looked at, it is a lose-lose situation.

    My question is this:

    Is this a witch hunt or is this an actually the State seeking justice for Ferrell?

    Is this tragedy running off of emotions or simply the evidence available?

    Source: http://www.cnn.com/2014/01/27/us/nor...ing/index.html

    2nd grand jury indicts officer in shooting of ex-FAMU football player

    A grand jury has indicted Officer Randall Kerrick of the Charlotte-Mecklenburg Police Department on a charge of voluntary manslaughter in the September 14 shooting death of Jonathan Ferrell, according to a statement from state Attorney General Roy Cooper.

    The grand jury heard evidence from both the state Bureau of Investigation and the police department the Monday statement said.

    The Charlotte, North Carolina, officer faced a second grand jury proceeding for the fatal shooting of Ferrell, an ex-college football player who was reportedly seeking assistance after a car accident.

    Attorneys for Kerrick had denounced the prosecution's move to resubmit the case as unlawful and filed a motion to block it, but CNN affiliate News 14 Carolina reported the grand jury convened Monday morning.

    A grand jury last week declined to indict Kerrick. Prosecutors said afterward the grand jury was composed of less than a full panel and vowed to send the case back.

    According to a handwritten statement filed with the court, the first grand jury requested that the prosecutor submit a "bill of indictment to a lesser-included or related offense," but the state attorney general said he would resubmit the voluntary manslaughter charge.

    "It would be in the best interest of justice to resubmit this case to a full grand jury, which we plan to do as soon as possible," Cooper said last week in a statement.

    Chris Chestnut, an attorney for Ferrell's family, described relatives as "shocked and devastated" by the first grand jury's ruling and said they were concerned a "miscarriage of justice is imminent."

    Randall Kerrick faces a voluntary manslaughter charge.

    Kerrick's attorneys, however, filed a motion Friday saying that any miscarriage was on the prosecution's part.

    North Carolina law states that a grand jury can be made up of 12 to 18 members, the defense attorneys said. Thus, the prosecution's claim that it could go back to the grand jury because fewer than 18 members initially heard Kerrick's case was spurious, the motion said.

    There was "nothing irregular or improper" about the grand jury that heard last week's case, the attorneys said in a statement.

    The motion further alleged that Cooper's statement to the media -- that "This is not over" -- and his announcement that he would resubmit the case was a "wholly improper and blatant attempt to influence the (second) grand jury."

    The defense reiterated its claim that the shooting, "while tragic, was justified under the circumstances presented to Officer Kerrick at the time," according to its statement.

    "We have seen news clips and interviews stating the community should be 'outraged' at the return of a No True Bill of Indictment," the statement continued. "Those outraged have simply not heard all of the facts and hasten to a position. The true outrage of this community should be at the Attorney General's complete disregard of the original findings of our first grand jury."

    Ferrell's family disagreed and issued a statement saying, "It appears that this motion was filed solely because Randall Kerrick's attorneys feel their client will be indicted once the full Grand Jury properly considers the evidence in this case when it convenes on Monday."

    Attorneys for Ferrell's family on January 13 filed a civil lawsuit connected to his death. It targets the city of Charlotte, Mecklenburg County, Charlotte-Mecklenburg Police Chief Rodney Monroe and Kerrick.

    Kerrick shot an unarmed Ferrell, a 24-year-old ex-Florida A&M football player, after a woman -- home alone with her 1-year-old child -- called 911 and reported someone was trying to break down her front door.

    It was 2:35 a.m., and according to the lawsuit, the woman "does not understand that Jonathon may be injured and is in need of assistance and becomes frightened by his presence on her doorstep at such a late hour. She quickly closes the door, calls 911 for assistance and activates her home security system."
    The citizens of Mecklenburg County by and through its grand jury have spoken.
    Statement from Officer Randall Kerrick's attorneys

    The woman told police Ferrell was "yelling for her to turn her alarm off" but never reported that Ferrell harmed her, made threatening statements, brandished a weapon or stole or vandalized her property, the lawsuit further alleges.

    Police were dispatched, and Ferrell walked down the street to seek assistance elsewhere, according to the lawsuit.

    Kerrick and two other officers arrived on the scene about 11 minutes after the 911 call, but Kerrick didn't speak with the woman, the lawsuit says. He instead tracked down Ferrell, who "never engages in any conduct which can be objectively reasonably interpreted as aggravated active aggression," according to the lawsuit.

    "Defendant Kerrick, in direct violation of written police department regulations, fires 12 high-velocity bullets at Jonathon, striking him 10 times in the chest and arms," the lawsuit continues.

    The Charlotte-Mecklenburg Police Department has called the shooting unlawful.

    "The evidence revealed that Mr. Ferrell did advance on Officer Kerrick and the investigation showed that the subsequent shooting of Mr. Ferrell was excessive," police said in a statement on September 14, the day of the shooting. "Our investigation has shown that Officer Kerrick did not have a lawful right to discharge his weapon during this encounter."

    Kerrick is free on $50,000 bond. His attorneys said in their statement Friday, "The citizens of Mecklenburg County by and through its grand jury have spoken. We pray that if this case is reheard by a second Grand Jury, the same conclusion will be reached -- that there is no probable cause to sustain an indictment for voluntary manslaughter against Officer Kerrick."
    This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or exercise their revolutionary right to overthrow it.

    . . .that this nation, under God, shall have a new birth of freedom - and that government of the people, by the people, for the people, shall not perish from the earth.

    -- Abraham Lincoln, 16th President of the United States of America

  • #2
    He landed 10 out of 12 shots... good shooting

    Comment


    • #3
      Wow I wonder what the media would be saying if this was anyone but an officer and the DA resubmitted for these BS reasons.

      Comment


      • #4
        This is a BS jury shopping witch hunt.

        Comment


        • #5
          "High velocity bullets"? WTF?! Is this the next "Assault Weapons" craze?

          God, I hate the media.
          I yell "PIKACHU" before I tase someone.

          Comment


          • #6
            If the suspect wasn't a has-been football player, the DA wouldn't be pushing so hard. The dude must have been a local sports hero or something.
            Government is not the solution to our problem; government is the problem. - Ronald Reagan

            I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

            Comment


            • #7
              1. What possible ****ing difference does it make that this guy used to play football?
              2. So, the family's contention (along with the media and the DA) is apparently that this cop got out of the car, saw this dude walking down the street, and just decided to shoot him for no reason. The end.
              3. I have to agree with the media, however, that the officer should have taken the time to switch to his low-velocity bullets. High-velocity rounds were clearly not needed in this situation.

              Comment


              • #8
                Be glad he didn't use the Care Bear Bullets. They're so slow, they don't even penetrate, they just wrap themselves around you and make you feel all warm and fuzzy inside.
                I yell "PIKACHU" before I tase someone.

                Comment


                • #9
                  Well apparently you don't need much credible evidence to secure an indictment these days.

                  Kinda like frivolous lawsuits..............
                  It is better to keep your mouth shut and appear stupid than to open it and remove all doubt.

                  Comment


                  • #10
                    If I recall correctly this is the officer that was arrested the same night as the shooting, something that never (well, very rarely now I suppose) happens after an OIS. In addition there were several officers present, one shot 12 timess, the others 0........So, I'm surmising here, but something is rotten in Denmark, expect to hear this phrase at some point, "Unreasonable Fear".
                    Today's Quote:

                    "The difference between stupidity and genius is that genius has its limits."
                    Albert Einstein

                    Comment


                    • #11
                      Sorry to revive a dead thread, but Officer Kerrick's trial is underway and in the defense stage. There are so many things wrong with this case. According to the trial details given by the Charlotte Observer, Officer Kerrick gave a statement the night of the shooting. WTF! Where was his legal representation? That aside, the video from the third officer's cruiser in now available. While I can't say that I would have necessarily reacted the same way, I certainly don't see his response rising to a criminal level. The recent beating of the Alabama Officer clearly demonstrates the injury an "unarmed" suspect can inflict. This entire case stinks!

                      Comment


                      • #12
                        Always said the charges are bullschit.

                        A CMPD DNA expert testified that Ferrell’s DNA was found on Kerrick’s gun, boots and pants.

                        Read more here: http://www.charlotteobserver.com/new...#storylink=cpy
                        http://www.charlotteobserver.com/new...e31292267.html
                        Train for tomorrow, for you never know what it will bring to the fight.
                        In the school of Policing, there is no graduation day.

                        Arguing on the internet, is like wrestling with a pig in mud. After a while you realize that while you are getting dirty, the pig is actually enjoying it.
                        Do Not Disturb sign should read, Already Disturbed Proceed With Caution.
                        Even if the voices aren't real, They have some really good ideas.

                        Comment


                        • #13
                          Case has gone to the jury. I hope they find not guilty.
                          http://www.policemag.com/channel/pat...um=Enewsletter
                          Train for tomorrow, for you never know what it will bring to the fight.
                          In the school of Policing, there is no graduation day.

                          Arguing on the internet, is like wrestling with a pig in mud. After a while you realize that while you are getting dirty, the pig is actually enjoying it.
                          Do Not Disturb sign should read, Already Disturbed Proceed With Caution.
                          Even if the voices aren't real, They have some really good ideas.

                          Comment


                          • #14
                            Originally posted by bpd303 View Post
                            Case has gone to the jury. I hope they find not guilty.
                            http://www.policemag.com/channel/pat...um=Enewsletter
                            Well, what do people think was going to happen when this suspect ran full speed at the officers? He was going to assault the officer. There was enough time for an officer to realize he was about to be overpowered. The defence has to show this.

                            Comment


                            • #15
                              This guys sums it up with his editorial. http://www.charlotteobserver.com/opi...e31463567.html

                              Say a prayer for Officer Kerrick, his family and Charlotte that the jury doesn't fold up like the Grand Jury did, and they do the right thing.

                              Comment

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