January 27, 2014 -- Updated 1739 GMT (0139 HKT)
A police officer faces the second grand jury proceeding in a week for
the fatal shooting of ex-FAMU football player Jonathan Ferrell, who was
reportedly seeking assistance after a car accident. FULL STORY
|
911 CALL
2nd grand jury convenes in police shooting of ex-FAMU football player
January 27, 2014 -- Updated 1716 GMT (0116 HKT)
Hear 911 call that led to man's death
STORY HIGHLIGHTS
- NEW: Grand jury reconvenes in cop's voluntary manslaughter case, CNN affiliate says
- NEW: Randall Kerrick's attorneys say resubmitting same charge to grand jury illegal
- Prosecutors have said first grand jury was not a full panel; defense contests that claim
- Police fatally shot Jonathan Ferrell after woman called 911 to report home invasion
Attorneys for Officer
Randall Kerrick have denounced the prosecution's move to resubmit the
case to another grand jury 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,
who faces a charge of voluntary manslaughter in the September death of
Jonathan Ferrell, but 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 grand jury requested
that the prosecutor submit a "bill of indictment to a lesser-included or
related offense," but state Attorney General Roy Cooper 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 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 can go back to the
grand jury because fewer than 18 members initially heard Kerrick's case
is 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
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 CMPD 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."
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- COPY http://edition.cnn.com
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