Mistrial declared in officer’s manslaughter trial
CHARLOTTE, N.C. — After four days of jury deliberations a judge declared a mistrial Friday in the trial of a Charlotte-Mecklenburg police officer accused in the fatal shooting of an unarmed black man.
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.
Officer Randall "Wes" Kerrick, who was charged with voluntary manslaughter, did not appear to show much emotion when the decision was read. He stared straight at the judge and only seemed to give a smile of relief moments afterward.
The family of Jonathan Ferrell, the man who was shot, held a news conference, calling for a new trial and asking the community to react peacefully to the mistrial.
Kerrick had faced up to 11 years in prison.
Shortly after 12 p.m. Friday the jury told the judge they are deadlocked and need advice in their process.
Judge Richard C. Ervin told the jurors it's "their duty to do whatever you can to reach a verdict" in this case. The jury informed the judge their votes were 7-5 Tuesday, 8-4 Thursday and 8-4 Friday morning and again 8-4 late Friday afternoon. It's unknown which way the majority was leaning, whether it was not guilty or guilty.
After the announcement Kerrick's lawyers requested a mistrial, but the judge sent the jury back to discuss the case some more.
The judge called the jury back into the courtroom around 3 p.m. to check on their progress. He wanted to know if seeing any evidence again would break the deadlock. The jury foreman said they didn't need anymore.
The judge sent the jury back to deliberate. Around 4:15 p.m. the jury was called back into the courtroom and the jury foreman said they remained deadlocked. The judge declared a mistrial.
Adren Harris,the assistant state attorney, would not say whether the state would re-try the case.
"We'll review the trial transcript, any other evidence in the case and fully consider our options in this case," he said.
In a news conference, Charlotte Mayor Dan Clodfelter urged the community to seek to lessen fear and misunderstanding. Police Chief Kerr Putney said his department strives for perfection, and he asked citizens not to judge it by a single incident.
Prosecutors said nonlethal force should have been used to subdue Ferrell, a former Florida A&M football player, in September 2013. Two officers with Kerrick didn’t fire their guns.
But Kerrick’s attorneys said the officer feared for his life when he shot and killed Ferrell while responding to a breaking-and-entering call.
The case was one of several in recent years that raised questions about police use of deadly force against black men.
Police say Ferrell wrecked his car on the morning of Sept. 14, 2013, went to a nearby house and banged on the door, apparently seeking help. The resident called police, and three officers 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 he didn’t think his weapon was even working.
After the mistrial was declared, protesters took to the streets in Charlotte. Black Lives Matter protesters staged a die-in have and blocked traffic in uptown Friday afternoon.
Laying in the middle of Fourth Street, protesters started chanting, "no justice, no peace," "who are we here for? Jonathan Ferrell," "justice for Jonathan."
By Friday night protesters were roving around the city with signs and chanting. At least one man was arrested after a scuffle with police at the city’s Transit Center.
Contributing: The Associated Press