MISTRIAL NC - Jonathan Ferrell, 24, fatally shot by LE, Charlotte, 14 Sep 2013

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Bullet #'s do not represent the order they were fired but the order the ME examined them.
 
Here is a link to a summary of each day of testimony. http://www.wsoctv.com/list/news/local/cmpd-officer-charged/aJ6M/

Def attorney said today that Kerrick will be testifying. They started their case yesterday afternoon.


Civil suit drew scrutiny to CMPD training, oversight

3 redacted depositions from Ferrell family’s suit released
CMPD’s internal affairs doesn’t track information in early warning system
Department says police training far exceeds state standards

http://www.charlotteobserver.com/news/local/crime/article30514749.html



 
There won't be any winners in this case. Nothing will bring back the young man who just needed help. Kerrick f'd up. Nothing can undo the damage. I hate this case.

Based on what I have heard, all via news or Twitter, I figure the jury will acquit or hang. What is "justice" anyway when a fatal mistake like this is made?

I try to sympathize with the police and understand their POV; they often have nanoseconds to make life or death decisions during the commission of crimes. But this is just a mistake, a huge undoable mistake on the part of Randall Kerrick. And if guns weren't in the hands of everybody who wants one, cops wouldn't have to be so fearful of being shot. But that's another subject.
 
This is a very sad case. Jonathan Ferrell was in a tough spot having lost his phone in the car accident and wanting to get help in the middle of the night, but the dash cam video of Ferrell running toward the officer shows Ferrell making a terrible decision, IMO.

If a policeman tells me to stop, I stop. If a policeman tries to shoot me with a taser, I stop and put my hands up. I would not charge toward a policeman and "hope" he's experienced, well-trained and level-headed enough not to shoot me. But that's just me.

Very, very sad for all involved.
 
AuntB said:
This is a very sad case. Jonathan Ferrell was in a tough spot having lost his phone in the car accident and wanting to get help in the middle of the night, but the dash cam video of Ferrell running toward the officer shows Ferrell making a terrible decision, IMO.

If a policeman tells me to stop, I stop. If a policeman tries to shoot me with a taser, I stop and put my hands up. I would not charge toward a policeman and "hope" he's experienced, well-trained and level-headed enough not to shoot me. But that's just me.

Very, very sad for all involved.
Click to expand...

I saw the video today of Ferrell walking, in the light, towards the cops. I could hear the cop yelling 'get on the ground' over and over. And Ferrell starts running towards the cop. Why? If I had been in an accident, I'd be saying 'thank God you got here, I've had an accident, my car is over there, I need help' but I can't think of any reason to run, basicly charge at the officer. I didn't hear him say anything, did he ever in any of the video? I was thinking maybe I only saw a small clip.
I'm just thinking that officers think they are responding to an attempted break in, not an accident.
We have that case here in Seneca SC where the cop shoots the boy that he says is trying to run over him with the car. In that case, if an officer is dealing with you, the car should not start moving.
The officers are in a bad position, they shouldn't have to wait till they are attacked or dead to respond to a threat. I also think too many young men are being killed by officers, but they seem to be making bad decisions on how to interact with LE.

I would also like to see someone (like Dr Phil or Nancy Grace) do a series on officers who are killed, just stopping a car or walking up to a door. Let's hear what happens there, and how it is for the families that are left behind. There are a lot of stories for both sides of this issue, and the media only wants to cover one side of it.

All MOO only.
 
He was black. He was making sounds. He walked toward them. Officer Little put the taser lights on Jonathan's chest. (Why? Who the he]] knows?). Only then did Jonathan start to dart around and pick up his pace. I try to put myself in his position: black male, possibly in shock from an auto accident and disoriented, With COPS PUTTING RED DOTS ON HIS CHEST in the dark on an uninhabited street (all I know about red dots are from the movies and they indicate that you're a sniper/rifle target).

So everyone can say, "well if a cop told me to get down I would have. He should have done what Kerrick said." But you don't know what you would do if you were in shock, disoriented from an accident, and were a black male who sees cops placing "red dots" on your chest from weapon-like looking objects.

Assumptions and stereotypes by the parties involved in this case resulted, IMO, in a tragedy. And it infuriates me to hear "he just should have listened." HE DID NOTHING WRONG and he's DEAD because Kerrick assumed the big black guy was a criminal. Sarah McCartney did, too, but she's a civilian. A cop has a responsibility to use his brain and training to manage such a situation without firing on such a person. Three to one, and the one was unarmed!

It makes me ill to hear Kerrick say he was "in the fight of my life." What fight? There was no fight!! He was scared and shot 12 times! He used excessive force.

Put a 24 year old woman in this scenario. When she banged on the door seeking help, I bet she would have been helped instead of assumed to be a burglar. But let's just say that SM would freak out the same way with this hypothetical woman banging on her door at 2:30am, saying that she's breaking in the door (which she isn't, btw). Then the cops show up. They see the woman walking toward them. Would they aim at her with "red dots"? And if they did and she started to sprint, would they have blasted her 4 times with a gun, then when she fell at the cop's feet, would they have blasted her with 6 more shots?

I'll not change any minds, but I wanted to make my last post here in this thread. It's a whole different world when you're a black male, and this case tragically illustrates how stereotyping and deeply held biases can result in tragedy. And Kerrick isn't even sorry. I didn't want to see him go to prison. I do believe he is guilty, but I didn't see much point in a prison sentence. After hearing him testify, albeit just snippets from the media, I wouldn't mind seeing him sent away for awhile. Not that it will fix anything. They won't convict him anyway.
 
Defense rested today and the State has no rebuttal. Closing arguments will be live-streamed tomorrow. Court starts at 930 est. here
 
If I were on the jury, with the testimony that I've read about, I could not find this man guilty. The woman that called 911 was petrified because of Ferrell's behavior, banging on her door and trying to get in. Why did he charge the officer instead of telling them that he was simply seeking help? The other two officers (who are both black, if that is an issue with somebody) testified that he was acting very irrationally and would not obey their commands…I am very sorry that the young man was killed, but I think that it is due to his own actions and not those of this officer. I don't think Kerrick ever intended to kill anyone that night. JMO…I'm sure some disagree, but this officer shouldn't be punished because a few police officers in other parts of the country have unjustly killed a black suspect. This case should be judged by its own circumstances and not used as a reason to bash LE in general.
 
At this point in the discussion, I'd like to reintroduce the possibility that there could well have been valid physical reasons for the victim's actions with a rundown of the symptoms of a concussion. I'm highlighting some of the symptoms as those I think may have been demonstrated in the LEO's version of events and those of the panic stricken SM.

Symptoms
By Mayo Clinic Staff
The signs and symptoms of a concussion can be subtle and may not be immediately apparent. Symptoms can last for days, weeks or even longer.

Common symptoms after a concussive traumatic brain injury are headache, loss of memory (amnesia) and confusion. The amnesia, which may or may not follow a loss of consciousness, usually involves the loss of memory of the event that caused the concussion.

Signs and symptoms of a concussion may include:

Headache or a feeling of pressure in the head
Temporary loss of consciousness
Confusion or feeling as if in a fog
Amnesia surrounding the traumatic event
Dizziness or "seeing stars"
Ringing in the ears
Nausea
Vomiting
Slurred speech
Delayed response to questions
Appearing dazed
Fatigue
Some symptoms of concussions may be immediate or delayed in onset by hours or days after injury, such as:

Concentration and memory complaints
Irritability and other personality changes
Sensitivity to light and noise
Sleep disturbances
Psychological adjustment problems and depression
Disorders of taste and smell
Click to expand...
http://www.mayoclinic.org/diseases-conditions/concussion/basics/symptoms/con-20019272

If you have ringing in your ears, you may not be able to hear orders. No matter how obedient to authority you may be. And your own resulting fear could be interpreted by a frightened person as aggression.
If you are dizzy, your gait may be lurching, which someone who is already frightened could interpret as threatening.
If you are seeing stars, you won't be able to see where you are going very well, which will affect the way you move. You may hunch over because of muscle tears or other injuries, and a frightened person could interpret that as threatening. Doubly so if your body has been trained for years to run while protecting a football. If the stress following an accident, IMO, mimics the stress of a game, if the ringing in your ears mimics the roar of a crowd in a stadium, your first reaction could well be to assume the posture you've perfected and used during stressful moments.
If you are suffering from slurred speech, you may think you're saying "thank God you're here" but it may sound garbled and a frightened person may interpret it as threatening.
If you are suffering from an inability to recognize language and are trying to make sense of something, you may have a delayed reaction to the orders of a frightened person who will interpret this as an affront to his authority and view your noncompliance as an act of aggression.
If you appear dazed to a frightened person, you may be perceived as being a meth head and, therefore, as an imminent danger.

And you may end up dead, even if you are unarmed, even if you are happy that LE showed up, even if you are absolutely sober, because you were in an accident and are suffering some of the symptoms of a concussion in the presence of a frightened person.
 
lisette said:
If I were on the jury, with the testimony that I've read about, I could not find this man guilty. The woman that called 911 was petrified because of Ferrell's behavior, banging on her door and trying to get in. Why did he charge the officer instead of telling them that he was simply seeking help? The other two officers (who are both black, if that is an issue with somebody) testified that he was acting very irrationally and would not obey their commands…I am very sorry that the young man was killed, but I think that it is due to his own actions and not those of this officer. I don't think Kerrick ever intended to kill anyone that night. JMO…I'm sure some disagree, but this officer shouldn't be punished because a few police officers in other parts of the country have unjustly killed a black suspect. This case should be judged by its own circumstances and not used as a reason to bash LE in general.
Click to expand...

1. He wasnt "trying to get" in Sarah McC's door. That's defense attorney propaganda and it's just not true per her own testimony. It took cops 11 minutes to show up. He did not force entry. He did not push the door when she opened it (before she slammed it in his face and flipped out). He walked away into the yard which was illuminated by lights, asking her to turn off the alarm system. Kerrick approached the house, saw no evidence of forced entry, but did not bother to ascertain the facts from Sarah McC. Instead, he hauled off to "get the bad guy" when he heard a noise down the street. The noise was someone yelling.

2. Kerrick says Jonathan "charged" him. The video shows red dots on Jonathan's chest, at which point he sprints to the left. "Charge" is Kerrick's term after he shot at Jonathan 12 times. Others believe Jonathan was trying to avoid getting shot after seeing a cop putting red lights on his chest. I can't imagine his horror at realizing that.

3. The two other officers (who are both black) never pulled their weapons. Worst case, they testified, they might have to use physical restraint. It was a very bad move, IMO, for Neal to put the taser lights on Jonathan. He was WALKING TOWARD THEM - that's all...just walking!! It's on video. If I had red lights on my chest, I would think I was about to be shot. Dammit. It was all so unnecessary.

4. I completely agree each case needs to be judged on its own circumstances. Kerrick however deserves bashing for this young man's death IMO.
 
popsicle said:
EMTs and scene investigators testify in shooting trial of CMPD Officer Kerrick

The 12-member jury has two people who are Latino, three African-American and seven white. Eight are women and four are men. The alternate jurors are all white, and consist of one man and three women.

If convicted, Kerrick faces three to 11 years in prison. He has been on unpaid suspension since the shooting.

http://www.charlotteobserver.com/news/local/crime/article29931667.html
Click to expand...

Jury started deliberations late Tuesday, for 2 hrs. Then 6 hrs Wednesday and 6 Thursday. Today at about noon they said they were deadlocked. Judge asked what the count was and they said #1- 7-5, #2- 8-4, #3- 8-4. Judge basically gave them the Allen charge and sent them back out. I suspect by the end of the day they will come back deadlocked again. jmo


Dianne Gallagher ‏@DianneG 19m19 minutes ago
The #kerricktrial defense requested the judge declare a mistrial. State objected. Judge decided to send jurors back to try a little longer
 
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