CHARLOTTE, N.C. (AP) — Lawyers for a Charlotte police officer accused of shooting an unarmed man last year are trying to stop prosecutors from submitting the case to a grand jury for a second time.
A Mecklenburg County grand jury last week refused to indict 27-year-old officer Randall Kerrick on a voluntary manslaughter charge, recommending the state Attorney General’s Office file a lesser charge. But Attorney General Roy Cooper decided to send the case to another grand jury because the first grand jury was missing four members.
Kerrick’s lawyers say state law does not allow prosecutors to resubmit the case.
They are asking a judge to hear their argument before the grand jury hears testimony again.
Investigators say Kerrick shot 24-year-old Jonathan Ferrell on Sept. 14.
The former Florida A&M football player wrecked his car and went to a nearby house and banged on the door, apparently for help. The resident called police and three officers responded. Investigators say Kerrick fired 12 shots, 10 of which hit Ferrell. Kerrick was the only officer who fired his gun.
The voluntary manslaughter charge carries a prison sentence of up to 11 years.
Cooper said he was going before a grand jury again because only 14 of the 18 members of the original panel heard evidence in the case.
Attorneys for Ferrell’s family criticized Kerrick’s motion asking a judge to block the grand jury hearing.
“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,” said the statement from attorneys Chris Chestnut and Charles Monnett III. “We are confident that the motion will be denied and that the case will be heard by the grand jury on Monday as scheduled.”
Ferrell’s family has sued Kerrick and Police Chief Rodney Monroe in Mecklenburg County Superior Court. The lawsuit says Kerrick used excessive force. The family said the city of Charlotte and the police department failed to ensure its officers are adequately trained and instructed in the use of force.
The city has declined to comment on the lawsuit.
