N.C. officer who shot black man won't be retried, prosecutors say
RALEIGH, N.C. -- State prosecutors announced Friday that they won't retry a white police officer who fatally shot an unarmed black man, saying the jurors' comments after the mistrial helped convince them they cannot get a conviction.
The jury deadlocked 8-4 last week in favor of acquitting Charlotte-Mecklenburg Officer Randall Kerrick, leading the judge to declare a mistrial. Kerrick was charged with voluntary manslaughter in the September 2013 death of Jonathan Ferrell, a former college football player.
"In consideration of the jurors' comments, the evidence available to the state, and our background in criminal trials, it is our prosecutors' unanimous belief a retrial will not yield a different result," Senior Deputy Attorney General Robert Montgomery told the Mecklenburg County district attorney.
CBS affiliate WBTV reports that in a letter to Mecklenburg County District Attorney Andrew Murray, the North Carolina Attorney General's Office said it planned to dismiss the charges against Kerrick.
WBTV reports that about two hours after the NCAGO's announcement, the Mecklenburg County District Attorney's Office released a statement about the case.
"The DA's Office was notified today that the North Carolina Attorney General's Office will not retry Randall Kerrick," the statement reads. "Within days of the incident in 2013, Mecklenburg County District Attorney Andrew Murray requested that the Attorney General's Office prosecute the case against Mr. Kerrick because of a professional conflict, and that office has had complete independence in making all decisions related to the case since that time."
WBTV reports that Ferrell's brother, Willie Ferrell, posted on Twitter shortly after the AG's decision was made public Friday morning.
He tweeted out a Bible verse, Romans 12:12, "Be joyful in hope, patient in affliction, faithful in prayer."
Police say Ferrell wrecked his car on the morning of Sept. 14, 2013, and went to a nearby house and banged on the door, apparently seeking help. The resident called police, and three officers, including Kerrick, 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.
Prosecutors said nonlethal force should have been used to subdue Ferrell, who played football at Florida A&M University. The two officers with Kerrick didn't fire their guns.
After three weeks of testimony and four days of deliberations, the jury couldn't overcome its deadlock, leading Judge Robert C. Ervin to declare the mistrial.
"Our prosecutors believe they were able to introduce the relevant evidence and examine the witnesses, including the defendant, appropriately and that the jury fully considered the details of the case," Montgomery wrote. "However, meeting the standard of proof of beyond a reasonable doubt could not be achieved."