Wednesday, January 22, 2014

Grand Jury Punts AG's Indictment Request in Officer Randall Kerrick Shooting

From This mornings Charlotte Observer:

In a rare and unexpected move, a grand jury declined to indict Charlotte-Mecklenburg Police Officer Randall Kerrick for voluntary manslaughter Tuesday, instead asking prosecutors to submit a lesser charge.

The defense claimed victory. The attorney general said his office planned to bring the charges against Kerrick before the grand jury again because some members of Tuesday’s panel were missing.

The number of absences and whether they had anything to do with the Kerrick case are not known. What is clear is that enough grand jury members felt the evidence presented against Kerrick did not support the manslaughter charge.

And they said so in writing.

“We the Grand Jury respectfully request that the district attorney submit a bill of indictment to a lesser-included or related offense,” the jury’s foreperson said in a hand-written note released by the clerk of court’s office late in the afternoon.

Kerrick was charged in connection with the Sept. 14 shooting death of 24-year-old Jonathan Ferrell, who was unarmed at the time. The former Florida A&M football player was struck 10 times.

The rest of the story us here

N.C. Rep. Rodney Moore, a Charlotte Democrat, said something was “clearly done wrong for an unarmed man to be shot continuously.” He said CMPD needs more diversity training for officers and Kerrick should be held accountable.

The Rev. Kojo Nantambu, president of the Charlotte’s NAACP chapter, called the decision “the most despicable thing I’ve ever seen.”

Chris Chestnut, the attorney for Ferrell described the shooting as “cold-blooded murder” by a “rogue cop.”

Read more here:

Cedar's Take: From the "get go" the has been about race. Even the Charlotte Observer puts their slant on the story.

North Carolina law allows the use of lethal force by police “only when it appears reasonably necessary ... to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.”

One of the clarifying gauges: Would another “reasonable officer” in the same situation act the same way?

Of the three officers who responded to the 911 call on Sept. 14, only Kerrick, the least experienced, fired his gun.

But CMPD directives and training dictate that this is how it should be done. Kerrick drew his weapon after the other Officers drew their tasers. Tasers are in some cases just as rare and without a doubt the oter Officers felt threatened or they would not have both fired their tasers. When Ferrell did not comply and the taser did not stop him Kerrick felt threatened and advanced the protocol to deadly force. 

Admitedly one shot would have been enough, but in the darkness and confusion adrenalin surging through his body Kerrick had no control of how many times he fired the weapon. 

Fear is a unpredictable factor. I have seen police dash cam videos of Officers in justified shoots where the subject is down the gun is empty and the Officer is still pulling the trigger.

CMPD Officers don't need more diversity training, they just need more training. And so do people who have encounters with police. Stop means stop, and had Ferrell been trained to respect the Police in the first place this would not have happened. 

Read more here:

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Anonymous said...

"... and had Ferrell been trained to respect the Police in the first place this would not have happened"

That's a fantastic notion. I need to prep myself too. What do you think is the best way for the average person to simulate a traumatic car crash, state of shock (in the dark, no less) and frantic need for urgent attention so that I can maintain composure when approaching the (arguably) one group of people I would expect to help me?

Anonymous said...

I can't wait to see the overwhelming ignorant, ill informed responses to this link over the next 48 hours.

Anonymous said...

I actually love the last statement. I doubt the suspect in the dark was charging the officer for help. Obey the police!

Anonymous said...

It looks like they are gonna keep presenting the same evidence to a different grand jury until they get one to bite. I bet that kind of jury shopping won't go well in a trial.

Anonymous said...

Oh Channel might want to check your facts on those crime stats in Hickory Grove....
I hear the Captain there has been Cooking the books BIG TIME!!
Not taking reports., downgrading crimes so they don't show up in stats, etc. And how about all those homicides in Hickory Grove? They don't mention those..hard to hide to hide the bodies!
It's just a shell game out there one is safer... crime IS NOT DOWN!!

Anonymous said...

First, I was not present the night of the shooting, so let me speak specifically to the law and not race or other issues. As we've learned the AG is not happy with the make up of the Grand Jury, specifically the number of members present. To be clear the number of GJ members present was fully within the law to hear the case presented. If the AG's team was worried about not having a fully seated GJ they were not required to present the case and could reschedule. Our system of justice allows for a GJ to hear the case in leiu of a probable cause hearing. That is done to benefit the prosecution. This is not the first, nor last time, all the GJ members will not be present however, there were enough to hold GJ sessions. By resubmitting it again, the obvious hope of the AG is to secure more yes votes than no votes, there is not other reason. No one should be upset with the system because the GJ performed its duty as directed.

What I want the public and media to pick up on is the fact that the GJ operated within the limits of law. The report that the GJ was somehow flawed is just a plain non-truth. My question to the AG, the DA, and everyone else, is why is there no out cry for the other defendants who had cases heard by a non-fully seated GJ? Community leaders: where is your cry for justice for those folks, reguardless of their race? There have been an endless number of times where there was never a "fully sated GJ".

So MEDIA, COMMUNITY ACTIVIST and OTHERS take that question to the street and equally serve all if that is the AG / DA's position.

Anonymous said...

******ATTENTION defense attorney or prosecution, that note submitted by the GJ is now evidence in the case and can be presented at trial. That note speaks volumes of what the GJ duty was and their decission.

So MEDIA, COMMUNITY ACTIVIST and OTHERS take that question to the street and equally serve all if that is the AG / DA's position. The AG's concern of a fully seated GJ should apply to all, so I hope Monday is a very busy day as everyone's case will be reheard. The next Press Release from our AG's Office should be that YES, were going to make it fair for all and this is not about one case or one person. If not, then even Ray Charles can see through this smoke screen the AG & DA are performing.

Anonymous said...

Just shop it around to different grand juries until you get an indictment, then you can make sure you'll get that minority vote when you run for governor, Roy. Grand juries exist so people don't get arbitrarily charged. It's amazing how the grand jury is full of shit, and it is a travesty that they were not fully seated when they don't indict the white guy. The ones that were there did their job. Hey, why don't we appoint Ferrell's family members to the grand jury. That would be fair right?

Jeff A. Taylor said...

Couple things.

1- It is absolutely correct to note this "full" grand jury crap. Cooper and CMPD were blind-sided and scrambling and said something very, very stupid.

2- Even when they get the indictment they want -- and you know they will with this 2nd GJ -- the chances of a plea deal at trial just went up. A lot.

3- As usual, Rotney opens his mouth and unintentional truth falls out. “I respect the civil process. I respect the criminal process, and we’re still in that process,” he told the Observer. “I believe that we were correct (in charging Kerrick) but we have to
let that process play out.”

Not only is CMPD and the city worried about ANOTHER big settlement thanks to Rotney, they are conflating the civil and criminal sides together -- along with a big helping of politics. I bet CMPD's presentation to the GJ was soft, under the thinking the more we hold back, the harder it'll be to win a big settlement from us and we won't look so bad in the court of public opinion and PR.

In fact, I seriously wonder if the GJ saw the dash cam video, which the PTB seem intent on keeping secret for as long as possible. Well, it is all about to blow up in their faces.

Anonymous said...

The command staff should be embarrassed to the core.

Anonymous said...

To 4:03 : why ?

Anonymous said...

Like I said, overwhelmingly ignorant, and I'll informed. Command staff embarrassed? Really? Who else should be embarrassed? I bet you would be if you had to intelligently defend that statement.

Anonymous said...

The Charlotte Observer pulled their on-line post for Officer Kerrick, which had my truth about the Grand Jury. ......Again folks....the Grand Jury acted well within the law. I wish the AG, DA and other hadn't made this about one person & one case. Black and white alike had their cases heard that day by the same Grand rally for them? Individuals may not like their answer of no charges but what he was charged with was no factual to his actions. Is he guilty of something else, don't kno, but those specific charges the Grand Jury said no. I will say it to the end - if this resubmission is not about Officer Kerrick then the AG & DA shoudl research all the cases where a full Grand Jury were not present and have those cases reheard before a full Grand Jury. Don't be fooled, they can but they will not, which shows clearly what their motives are - one case one person.....

Divine Theatre said...

I hope that Randall Kerrick can get his life back after this debacle.
The Chief of Police should be ashamed of himself.


Anonymous said...

There are a MULTITUDE of things Command Staff should be ashamed would be hard to know where to start.
This regime under Rodney is so corrupt, unethical, dishonest.
Cronyism rages, nepotism is commonplace. Grants are used inappropriately.the vindictiveness. Retaliation and bullying is rampant!! And many, many other shameful things
And Command Staff are aiding and abetting every step of the way.

Anonymous said...

I believe you.
But you need to send documents to and to publish since nobody else seems interested in corruption.
Just saying there's corruption doesn't advance the cause or lead to cleaning up.
Demonstrate the courage of a real police officer.

Retaliation is illegal. The spotlight on Monroe, Charlotte, Carlee and others right now makes it a good time to speak up.

Anonymous said...

There are people in this area that can help you officers pass sensitive information or evidence without being detected. You have friends outside the blue line. The last poster is correct in what he/she says. Do the right thing. There are citizens that will help you if we can properly connect. Get a mini recorder or mini camera. Don't jeopardize your career by putting up with conditions that will eventually make you the patsy. Most of you in uniform know how information flows: officially and otherwise. Be a ghost.

Jeff A. Taylor said...

But it is not just CMPD, 3:26. It is the entire corrupt Char-Meck legal system. And has decades of practice at covering up and protecting itself. It is VERY good at what it does.

Christ, it took a guy with sketchy credentials laundered him thru an even sketchier, govt dependent failed company and plopped him in the Cabinet.

In some ways, CMPD pre-Rotney was a counter-balance against these forces. Now it is just one giant cabal with the guns and the power to do just about anything it wants.

Anonymous said...

Would a no confidence vote of Rodney by the members of the CMPD have any bearing after this is all said and done?

Where is the community rally in support of Officer Kerrick?

I am an officer and would be more than happy to participate in both.

I would like to exercise my first amendment right to assemble and this regime can't control what I do as a citizen.

Anonymous said...

this is 3:26. Some of us have contacts outside of this area. And the PR police don't work for Char-Meck. Let IA and the brass learn it on the news like the rest of the people. I understand we are living in trying times with regard to our PD and government, but we have to pick a side. Doing nothing is certainly choosing a side. What I am talking about is organizing loosely as to facilitate the flow of information, but not get anyone in a sling.

Anonymous said...

CMPD is now the biggest laughing stock of any police department with OH HAIL KING RODNEY!!! It stems at several different places, COMMAND STAFF, POLICE ACADEMY, AND INTERNAL AFFAIRS. We all know what goes on even though they try to hide it.
If just one of the stupid television stations would report on the truth. Then it would all come following down like a deck of cards. But all of the television stations believe that what KING RODNEY says is the truth, the whole truth and nothing but the truth. We all know that it's BS.
Plus we have the hiring of the THUG Marcus Jackson with the police department. With the criminal record that he had. Then covering up the accidents and yes, lets not for all of the traffic stops he made.

Anonymous said...

write to people willing to publish the truth. send documents if possible. name names. give dates. there are people willing to keep you protected/anonymous and still publish true facts.

newspaper and network will not.

Anonymous said...

There is no part of CMPD that has not been infected with the Rodney is systemic.
The one place that is supposed to be unbiased and above reproach, IA, is corrupt and the Major over it is Rodney's Bitch. So there is NO safe haven for honest cops that want the truth to be known. ..none.
Heck, even the City Manager and AG are in Rodney's pocket.
The little man has succeeded in destroying CMPD..He is a nasty piece of work. Cut from the same bullying cloth as Christie.
Let's hope his exposure and downfall is as public...

citynewswatch said...

there are people willing to write and publish.

"hoping" for exposure doesn't get the job done. and absent people speaking up, there is no sign it will be "soon... soon."

Anonymous said...

Anonymity is the safe haven for the honest cop. So is either divulging information that cannot be attributed to him, or collecting and stockpiling information so that when it is released, the effects are so big that it doesn't matter if it can be traced or not. Officers have to preserve their careers and pensions of course--but they system is not going to fix itself. The question is will good officers take the chance doing the right thing, or take their chances with going through the remainder of their thirty years knowing they could be the fall guy in a corrupt administration?

citynewswatch said...

Anyone making the slightest effort to stockpile or collect information should have plenty by now. And if you have one piece of information, it needs to be added to that of others.

The reference to 'when it is released' and many other similar comments about a big exposure let it seem like AFTER someone else does the right thing, each person will have something to share.

Share now. Agree with the rest. What good is 'saving a career' at the cost of personal integrity and continuing to follow bad orders in a stressful and doomed environment for years, waiting for someone else to blow the whistle?

Anonymous said...

agreed citynewswatch. Someone needs to make a move. It should have happened already. Officers clearly reference things that appear to be common knowledge among the ranks, but it never goes any further. You took an oath, and it wasn't to your job security.

Anonymous said...

Look at court dates people.....something is coming.

Anonymous said...

how about saving hours of scouring court calendars and making a statement that includes facts?

what point is there to "hinting" about a scheduled court date? are you SO AFRAID that someone will figure out you posted something which is obviously already posted on the court calendar, accessible by everyone?

for Pete's sake, why suck up someone else's time out of fear when you already read it?

What is the time, date, judge, case, plaintiff, defendant, case no? If you are brave enough, what is the topic?

Anonymous said...

There's nothing. No one has any real dirt. If they did it would have came out by now. Everyone just relax, do the bare minimum to not get fired and ride it out until the chief takes his fat pension leaves town. He won, we lost.

Anonymous said...

To 5:07, I couldn't agree more.

I hear all this talk about "something big is coming" or "just wait until ____ comes out."

I watch the suck ups from a safe distance with my head down. I do my job to the best of my ability and stay off the radar.

Until someone with knowledge, proof and balls decides to step up, it's a lost cause.

Anonymous said...

5:07 and 5:27

"do the bare minimum to not get fired"

Needing someone with "knowledge proof and balls" to step up?

So you don't have knowledge, proof and balls? Sounds like you have knowledge and proof.

Grow a backbone & offer it up.

How many people will be hurt, officers and non-officers, while everyone sits around with their thumbs inaccessible? Do you have any conscience? Did you mean anything in your oath? Do you deserve a badge? should you be allowed to have a gun?

If you stay silent, the answers are "no"

Collecting a government paycheck as a law enforcement officer when you are clearly choosing to ignore the law is disgraceful and illegal. You are obligated to report violations and corrupt acts. Obligated morally and legally. Orders to do the wrong thing, lie, move money from funding source to another place, hide corruption of any kind, lie about what any officer or non-officer is doing, lying about crime reports or statistics, unwarranted promotions or the rest of the list: all wrong. all required to report.

Anonymous said...

6:28 -

I have no proof of anything. I have second hand knowledge. I have plenty of balls because I deal with the "fine citizens" of Charlotte on a daily basis.

I know you mean well, but I hear it from the brass, I don't need to hear it from keyboard quarterbacks as well.

Anonymous said...

It is pretty general knowledge that IA is up Rottneys butt so far they can't see daylight.

That all the white shirts have so much personal debt kids in private school and so on that they can't speak up or even offer a dissenting thought.

Charging Kerrick was a wakeup call to every cop on the street. If your Lt. or Capt. doesn't have your back who does?

Show one person who wants to retire? No everyone one of use wants to put in just enough time to collect a retirement paycheck, be it at 45 or sooner. No one is here to "retire".

Anonymous said...

Second-hand knowledge with some names and dates and incidents attached is enough to INVESTIGATE. Offer it up.

And even if you say you personally don't have any proof, there are plenty of people who do. Testimony is proof. Documents are proof.

"IA is up Rottney's butt so far they can't see daylight." Agreed. But please explain. Do it privately, anonymously, in an email if you need to, but get it done. Stop hoarding information you say will cover your own ass.

Who is recently retired and more free to speak?

We are all free to speak. Police are supposed to be upholding our rights to free speech. Police are citizens, too. You have rights to speak, and are obligated to speak. I'm just sick of hearing the vague references and nobody stepping up. Write to or

Read information presented in each blog and decide what to do, or write to both. Local newspapers and TV are not going hear you unless you're trying to give them video of a shooting or wreck or SWAT raid. Exposing corruption would be counter to their bottom line and would take more than 5 minutes of effort, so it's not going to happen in this town controlled by corrupt people.

Please just do it. Everyone together now. You have the information.

Whether you agree or disagree with Kerrick's indictment, everyone must agree how badly Monroe handled it with his usual bumbling, conflicting, inflammatory statements just after the death of Ferrell and the rush to charge for political purposes before doing a complete investigation. Any number of factors contributed to the death of another human being, but Monroe's running the department the way he is doing is high among factors. As for guilt or innocence on a crime, nobody except the people who were there and dealing with it know the truth at this point. It's a tragic outcome for everyone even where it stands now.

Monroe does not run this alone, but with the complicity of every other person in the department that carries out his plans and the City "leadership" that knowingly lets him.

Put a stop to it.

Anonymous said...

way back to the first comment on Jan 22

Cedar is right, for some reason that I can't explain in general most of the black people I meet up with at an accident, or robbery or domestic or even a shooting are hysterical.

How many times do we roll up to an apartment where the woman has clearly been beat up and the dude is guilty even admits to it but we end up having to arrest the woman because she's attacking ems, police neighbors the other woman.

Then there is the kid who comes running down the street with a knife, well we shot him didn't we? But oh wait he was the victim's kid and wasn't the perp. WTF? The people are crazy.

Anonymous said...

To Jan.29 at 7:46,

The Academy (CMPD) used to teach the reason for most of the behavior you're citing in your post, especially in reference to domestics. Do they no longer explain that?

This is a snark-free question/post.

Anonymous said...

So the grand jury was 4 votes shy of unanimous, or 2 shy from no true bill.

Translated into blue collar speak, based on only the prosecution's side on the story with no defense witnesses or testimony four citizens refused to indict.

That tells me they better offer up a plea deal that saves face and the sooner the better. No jury will convict this cop un less it is loaded with mofos.

Anonymous said...

I strongly support Officer Kerrick and I am SHOCKED at the local authorities for putting him in double jeopardy because of the ravings of a hate-filled mob. We have a rule of law in this nation; not mob rule.

Anonymous said...

3:16 LOL

The Academy teaches diversity and warm fuzzyness they don't teach real world, never have.

The official explanation is that mofos don't think you are paying attention, that this thinking is from years of suffering abuse at the hands of white police officers.

Anonymous said...

Officers are constantly asked to make very difficult decisions numerous times throughout their career. However, it never fells that when an officer tries to give someone a break, it always comes back to bite them in the rear. Did I hear someone say that they want an example? That sounds like a great idea. A kid is caught for shoplifting at the mall. The mother is called, who shows up hysterical, and is upset with the officer for writing the kid a ticket. Keep in mind the other option is JAIL. The officer decides to stick with his choice of issuing a ticket. Mother calls the shift Sgt. and complains. Now guess who is having to VOID the ticket (by the request of the Sgt.) so the kid does not have the incident on his record. So who is this Sgt.? Not hard to figure out. Not many districts with malls in them.

Anonymous said...

Another fine example of parents not taking responsibility for their children.

Anonymous said...

So, who is the Sgt.? The officer should file a complaint on that supervisor.

Anonymous said...

To 9:33 who answered my snark-free academy question;

Thank you for your response. I am a graduate of the academy and former CMPD. We were given psychological explanations regarding certain behaviors and reactions like the ones cited in that other post, especially pertaining to domestics. It proved helpful to me in the streets and even in my life post-department.

I don't recall an overflow of "warm-fuzziness" when I went through. However, much of the in-service training in subsequent years seemed unnecessarily packed with it and generally lacking in useful information.

I'm sorry these things are no longer taught and the minds of tomorrow's officers are being filled with the information equivalent of the Tribbles from Star Trek.

This seems a disservice to all.

Anonymous said...

8:38 I would tell you that you're wrong. We do have mob rule and an AG with visions of the governors mansion. If that means placating the mob then so be it.