Jonathan Ferrell's Family Attorney Says Dash Cam Video Will Be Key to Officer's Conviction
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Updated:
As Kerrick prepares to stand trial on the charge, Ferrell's family attorney says the dash cam video that recorded the September 14th encounter will be key to his conviction.
"The dash cam video clearly shows an unarmed African American young male approaching the police officers, not running away from them, hands out, he's posing no threat to them whatsoever and you hear Officer Kerrick shoot him," says attorney Chris Chestnut.
It's 1, 2, 3, 4, pause, 1, 2, 3, 4, 5, 6, pause, 1, 2. A total of 12 shots, 10 hit the victim, mainly in his torso, and all at a downward angle, suggesting that Officer Kerrick at the time of firing his weapon was in a superior position. Thus, Jonathan was no threat to him at all, highlighted by the fact there are two other officers standing to the left and right of Officer Kerrick who never drew their guns.Chestnut viewed the video alongside Ferrell's family when the chief of police invited them in shortly after his death. In an interview with hosts Mari Fagel and Eboni K. Williams on Black Hollywood Live's Justice is Served, Chestnut describes the video, which has not been released to the media.
"Jonathan had just been involved in a very serious car accident, so he is barefoot in a t-shirt and jeans and he is walking towards them," a fact Chestnut says hurts the defense's theory of the case. "Their allegation is they thought he was a robber. Well, a robber isn't going to walk towards you, he is going to run the other way."
Chestnut says the video also shows Kerrick was too quick to fire his weapon.
"The commands they issued, they never identified themselves as Charlotte police, they never say stop, freeze, etc., and when they finally do begin to issue commands, the succession of gunshots is so immediate that no reasonable human being could have reacted. He emptied the clip."
Chestnut adds that Kerrick's behavior after he fired the shots highlights his lack of regard for Ferrell's life.
"What's most aggravating about all of this, just shocking and inhumane, after they shot him ten times on the ground, they handcuffed him. The handcuffs weren't removed from Jonathan Ferrell's body until he got to the medical examiners office."
The upcoming trial will be key in not only providing Ferrell's family with justice but in holding Charlotte-area officers accountable for their actions, says Chestnut.
"I think what we are experiencing post-9/11 is what I call para-military policing where you have overzealous police officers who need training. There is an escalation to deadly force, you just don't jump to it, but that's what Officer Kerrick clearly did here."
Chestnut says claims of excessive use of force have plagued the Charlotte police department for years, but that the department has not effectively addressed the problem.
"In a two-year period, the Charlotte Mecklenburg Police Department had 979 injuries in police encounters related to arrest," Chestnut said. "979 citizens were injured by the police department. Of the complaints filed for excessive force, 95.5 percent of those complaints went unaddressed, no discipline, no action whatsoever."
And while Chestnut anticipates race will play a part in the upcoming trial, he says this case is about how officers are trained to deal with all citizens, whether they be white or minority.
"I think this disproportionately affects the African American community because they disproportionately encounter police officers but I think this is a larger problem affecting all Americans, regardless of race," Chestnut said. "There is a fundamental problem with the training of police officers."
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Former Cop Indicted In Fatal Shooting Of Unarmed Jonathan Ferrell
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A North Carolina grand jury indicted Charlotte-Mecklenburg police officer Randall Kerrick on voluntary manslaughter charges in the shooting death of unarmed Jonathan Ferrell, just days after a partial grand jury refused to do so, reports WXII12.
RELATED:
UPDATE: No Drugs, Alcohol In Jonathan Ferrell’s System When He Was Slain By Police Officer VIDEO]
NC Officer Not Indicted In Shooting Death Of Unarmed Car Crash Victim
The indictment came down Monday afternoon, just hours after a judge ruled that Attorney General Roy Cooper could resubmit the case.Kerrick’s lawyers filed a motion to stop prosecutors, reports WXII12, but Judge Robert Bell refused.
As previously reported by NewsOne, a partial grand jury in North Carolina decided not to indict Kerrick, 27, for the September
Ferrell, a former Florida A&M football player who had recently moved to North Carolina to be with his fiancee, was in a serious car crash and after kicking out his back window, walked to a nearby cluster of homes and knocked on the first door for help.
A woman answered the door thinking it was her husband and immediately slammed it in Ferrell’s face before calling 911.
On the 911 tape released by the city, the woman can be heard sobbing to the dispatcher, begging them to hurry and telling them that her baby was in the house with her.
“He’s in his bed. I don’t know what to do. I can’t believe I opened the door…Please don’t let him get my baby,” she cried.
Kerrick was one of the responding officers and as they approached, Ferrell ran towards them for help. One of the officers allegedly tried to stop him with a Taser, but Ferrell continued to approach. That is when Kerrick shot him 12 times, 10 of the bullets piercing his body.
Charlotte-Mecklenburg Police Chief Rodney Monroe said that even if Ferrell didn’t stop running toward Kerrick, deadly force wasn’t justified.
Ferrell was unarmed, and both Monroe and Ferrell family attorney Chris Chestnut, who watched the dashboard video of the shooting, said that was clear. Chestnut said Ferrell had his hands outstretched, and they were empty.
“I can tell you this is what I saw: Absolutely, unequivocally, there were no words said, period, from any of the officers prior to Jonathan being hit with a stun gun, Chestnut said.
“He’s not yelling at them. He’s not threatening them,” he said.
At one point, an officer yelled “get on the ground,” but it was hard to tell if it was right before or right after the first shot was fired, he said.
“But I can tell you that those shots were in such close proximity that Jonathan never had an opportunity to reply. He had bullets in him before he could ever hit the ground. So there was not sufficient warning. No one ever told him to stop. He didn’t have time to react,” he said.
The results of Ferrell‘s toxicology report prove that he was not under the influence of alcohol or any drugs when he was gunned down by Kerrick.
After deliberating for eight hours, the partial grand jury declined to indict Kerrick on voluntary manslaughter charges and asked for the prosecution to submit a lesser charge for consideration.
Attorney General Cooper released the following statement:
“Today, our prosecutors learned that the grand jury that considered the indictment on charges of voluntary manslaughter was less than a full panel. 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.An attorney for Ferrell’s family called the jury’s decision “suffocating”:
“How do you describe that to a mom? This man emptied a clip into her son and now I have to tell her there’s no indictment. If the jury had seen that dash cam video not only would there have been an indictment for manslaughter, but likely for a greater charge.”
But there may be justice after all.
The voluntary manslaughter charge carries a prison sentence of up to 11 years.
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Police Fatally Shoot Unarmed Former Football Player Who May Have Been Seeking Help After A Car Crash
The wreckage of the car that Jonathan Ferrell,
24, had pulled himself out of before seeking help, only to be shot
fatally by police.
Jonathan
Ferrell, 24, of Charlotte, who was a football player at Florida A&M
University.
Officer Randall Kerrick, shot and killed unarmed Jonathan Ferrell
CREDIT: NBC News
CMPD officials called the shooting “excessive.” “Our investigation has shown that Officer Kerrick did not have a lawful right to discharge his weapon during this encounter,” said CMPD Chief Rodney Monroe in a statement. “It’s with heavy hearts and significant regrets it’s come to this… Our hearts go out to the Ferrell family and many members of the CMPD family. This is never something easy.”
The Charlotte Observer reports that the car crash was so severe that Ferrell likely had to “pull himself out” of the wreckage. He then walked to the nearest house, about a half mile away, to seek assistance. But the local resident whose home Ferrell arrived at was frightened that he was attempting to burglarize her after not recognizing him.
The resident then made a 911 call and three officers arrived at the scene. According to police accounts, Ferrell, who is African-American, acted “aggressively” and charged towards the officers. Officer Thornell Little of the Hickory Grove division of the CMPD responded with an unsuccessful attempt to fire his Taser at Ferrell. Police say that when Ferrell continued to charge toward the police, 27-year-old officer Randall Kerrick discharged his weapon several times, eventually killing Ferrell.
Monroe said that he did not believe Ferrell had threatened the woman who placed the 911 call, and that Kerrick’s use of excess force was unwarranted, according to the Charlotte Observer. No signs of alcohol were found at the scene of the wreckage, although officials said an official toxicology report will take weeks.
While the FBI keeps detailed information on the numbers and types of crimes that are committed throughout the United States, there is no comprehensive tracking mechanism for police shootings. FBI spokespeople have said there is no mandate for them to keep such statistics and that it would take an act of Congress in order to establish a database. Congress, so far, has refused to ask for one.
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Per CNN -
(CNN) -- Police in North Carolina shot and killed a man running toward them Saturday morning -- but he may have just been looking for help after a car wreck.
Officers responded to a "breaking and entering" 911 call at a home in Charlotte.
The homeowner told dispatchers that a man had been knocking on her door repeatedly.
Police say that when they got to the scene, a man matching the caller's description ran toward them.
One of the officers fired his stun gun, but it was "unsuccessful." Another officer then opened fire, police said.
Officer Randall Kerrick is charged with voluntary manslaughter in the shooting of Jonathan Ferrell.
Jonathan Ferrell died at the scene. He was shot several times.
He was unarmed.
Police now believe Ferrell was seeking assistance after crashing his car.
The crash
Ferrell was 24 and a former football player at Florida A&M University.
Police found a wrecked car nearby, indicating that he may have been trying to get help.
"It was a pretty serious accident," Charlotte-Mecklenburg Police Chief Rodney Monroe told CNN affiliate WSOC.
The crash was so severe that authorities now believe Ferrell had to climb out of the back window, affiliate WBTV reported.
He ran to the closest house for help.
The woman inside thought it was her husband.
"To her surprise, it was
an individual that she did not know or recognize," Monroe told WBTV.
"She immediately closed the door, hit her panic alarm, called 911."
The man stood outside and "continued to attempt to gain the attention of the homeowner," a police statement said.
The shooting
Police have charged Officer Randall Kerrick with voluntary manslaughter -- a felony. He turned himself in Saturday afternoon and was being held early Sunday on $50,000 bond.
Police used "charged" and "ran" and "advanced" in their description of what Ferrell did.
There were three officers at the scene, but Kerrick was the only one to use a gun.
He fired several times, police said.
"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 another statement issued late Saturday night. "Our
investigation has shown that Officer Kerrick did not have a lawful right
to discharge his weapon during this encounter. "
All three officers have been placed on paid leave.
A charge of voluntary
manslaughter means the person used excessive force in self-defense, or
carried out the act without intent to kill.
Police called the incident "unfortunate."
"It has devastated a family as well as caused a great deal of sadness and anxiety in our organization," a statement said.
The reaction
Friends expressed grief on social media, calling Ferrell a "brother" and demanding "justice."
He had at least one brother, Willie, who played with him at Florida A&M.
The university said it
was "deeply saddened" at the loss. In a statement, Michael Smith,
interim athletic director, said Ferrell played safety and was part of
the 2010 championship team. "Our hearts and prayers go out to his family
during their time of bereavement," Smith said.
Ferrell was engaged.
"We loved him. Our family loved him," his fiancee's mother told WSOC.
His 25th birthday would have been next month.
CNN's Janet DiGiacomo, John Branch and Emma Lacey-Bordeaux contributed to this report.
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Per CharlotteObserver.com
Police shooting victim Jonathan Ferrell played college football
Jonathan
Ferrell, 24, of Charlotte, who was a football player at Florida A&M
University. Charlotte-Mecklenburg police officer Randall Kerrick was
charged with voluntary manslaughter after shooting the unarmed Ferrell
in an eastern Mecklenburg County neighborhood early Saturday morning.
More Information
The man shot and killed early Saturday by a
Charlotte-Mecklenburg police officer played college football at Florida
A&M University, according to friends and a statement from the
school.
CMPD officer Randall Kerrick, 27, has been charged with voluntary manslaughter in the killing of Jonathan Ferrell, 24.
Ferrell had recently gotten engaged, one of his friends and former teammates told the Observer.
Gregory Boler, who played linebacker on FAMU’s team with Ferrell, said his former teammate was a quiet, humble player who had a deep friendship with his younger brother Willie.
“He wasn’t really the aggressive type,” Boler said of Ferrell. “He was a good guy, easy to talk to...He just liked to be around his friends.”
Willie Ferrell’s Twitter account posted a message early Saturday saying the family was grieving and asking for people’s prayers. He asked the media not to contact the family.
Boler said he was surprised to hear that Ferrell may have been involved in a confrontation with police.
“It just didn’t sound like him,” said Boler, who lives in Atlanta. “He’s not that type at all.”
Ferrell had no criminal record in North Carolina, records show. He had one unspecified misdemeanor charge in Florida in 2011, which records show was “disposed” more than two years ago. Public records also show Ferrell had a Florida fishing license in 2011.
Ferrell’s high school coach, Ira Reynolds, told the Tallahassee Democrat he was shocked by the news.
“It’s tragic to lose a child that young, and to lose him that way is incredibly difficult to deal with for anyone,” said Reynolds. Ferrell, who grew up in Tallahassee, was a safety at FAMU.
Reynolds told the newspaper that Ferrell and his little brother, football player and boxer Willie Ferrell, were very close.
“I really feel the sorriest for Bill (Willie) because they are very, very close,” said Reynolds, who also attended Lincoln High School with Ferrell’s parents, William and Georgia.
Public records show Ferrell had moved to Charlotte earlier this year. He lived uptown, off West Trade Street.
In uptown Charlotte, Ferrell’s sister-in-law declined to comment to the media Sunday morning.
“Florida A&M University is deeply saddened to hear about the loss of one of our former student athletes, Jonathan Ferrell,” the school said, in a statement. “Our hearts and prayers go out to his family during their time of bereavement.”
Police say Ferrell was in a car wreck and had been banging on a woman’s door at around 2:30 a.m. Police said he “charged” Kerrick, who shot and killed him after another officer attempted but failed to stop Ferrell with a Taser.
CMPD officer Randall Kerrick, 27, has been charged with voluntary manslaughter in the killing of Jonathan Ferrell, 24.
Ferrell had recently gotten engaged, one of his friends and former teammates told the Observer.
Gregory Boler, who played linebacker on FAMU’s team with Ferrell, said his former teammate was a quiet, humble player who had a deep friendship with his younger brother Willie.
“He wasn’t really the aggressive type,” Boler said of Ferrell. “He was a good guy, easy to talk to...He just liked to be around his friends.”
Willie Ferrell’s Twitter account posted a message early Saturday saying the family was grieving and asking for people’s prayers. He asked the media not to contact the family.
Boler said he was surprised to hear that Ferrell may have been involved in a confrontation with police.
“It just didn’t sound like him,” said Boler, who lives in Atlanta. “He’s not that type at all.”
Ferrell had no criminal record in North Carolina, records show. He had one unspecified misdemeanor charge in Florida in 2011, which records show was “disposed” more than two years ago. Public records also show Ferrell had a Florida fishing license in 2011.
Ferrell’s high school coach, Ira Reynolds, told the Tallahassee Democrat he was shocked by the news.
“It’s tragic to lose a child that young, and to lose him that way is incredibly difficult to deal with for anyone,” said Reynolds. Ferrell, who grew up in Tallahassee, was a safety at FAMU.
Reynolds told the newspaper that Ferrell and his little brother, football player and boxer Willie Ferrell, were very close.
“I really feel the sorriest for Bill (Willie) because they are very, very close,” said Reynolds, who also attended Lincoln High School with Ferrell’s parents, William and Georgia.
Public records show Ferrell had moved to Charlotte earlier this year. He lived uptown, off West Trade Street.
In uptown Charlotte, Ferrell’s sister-in-law declined to comment to the media Sunday morning.
“Florida A&M University is deeply saddened to hear about the loss of one of our former student athletes, Jonathan Ferrell,” the school said, in a statement. “Our hearts and prayers go out to his family during their time of bereavement.”
Police say Ferrell was in a car wreck and had been banging on a woman’s door at around 2:30 a.m. Police said he “charged” Kerrick, who shot and killed him after another officer attempted but failed to stop Ferrell with a Taser.
