CMPD Releases Officer Body Cam Video

You don't need to watch the entire video to see that Mr. Franklin did indeed have a gun.

In the screen gabs below at 5:49 showing the gun on the ground and Mr. Franklin with open hands. In the next screen grab at 5:46, a second before the Officer fried her weapon shows no gun on the ground.

2019-03-25 T13:05:49

2019-03-25 T13:05:46

Two Officers encounter Mr. Franklin crouching between cars. They command Mr. Franklin to drop the gun multiple times. A woman comes out of the Burger King and approaches the door of the car then retreats after Officers yell at her to move out of the way, there is also a passenger seated in the car that Mr. Franklin is looking at just a foot away. Despite repeated demands to drop the gun Mr. Franklin is non compliant. When he makes a sudden move with his right hand holding the gun the Officer fires her weapon, fatally striking Mr. Franklin causing him to finally drop his weapon.

Cedar's Take:

It is a tough video to watch. Based on dozens of accounts Mr. Franklin was a good man. Whatever was going on in his mind that day may never be understood. There has been no explanation as to why he had a gun or why he wouldn't drop it the moment the police arrived.

What is clear is that Mr. Franklin was a threat to both Officers and the two bystanders. He was ordered a dozen or more times to drop the weapon, no other commands were given. The Officer only fired after verbally engaging the subject for nearly a full minute and only after he made a sudden movement with his right hand that was holding the gun. 

In situations with not one, but two or more bystanders, there is no opportunity to "back off" and let the situation "de-escalate" the Officer had no choice but to fire her weapon when he made that sudden movement.

Personally I think it is irrepressible that the Charlotte Observer would publish a story that states "Danquirs Franklin appeared to be placing the gun on the ground at the time a Charlotte-Mecklenburg police officer fatally him".

There is simply no indication that he was going to place the gun on the pavement. Given his actions prior to police arriving he was more likely to shoot the passenger.

Sidebar:

Having watched 100's of OIS and felony stops there seems to be a need for a national conversation about commands. Not about race but about commands.

I've seen countless "do the hokey pokey" routines where officers are shouting commands (down on the ground, spread your arms like an airplane, cross your feet, back up, don't look at me, hands on top of your head, get on your knees) often conflicting each other, while sirens and horns blare, K-9's are Barking and victims are screaming and entire scene is engulfed in chaos.

Dispatch adds to the confusion with error prone info that comes is drips and gushers, making sense of all this stimuli is difficult for both officers and subject.

CP is all in on "HANDS UP DO NOT MOVE" command being the National Standard. Nothing else, just one command that says do this or you're going to get the dog, tased, shot or all three.

This may have changed the outcome of the Franklin case. However, Mr. Franklin may have remained non-compliant in which case, the outcome would have be the same.