Police Officer Randall Kerrick’s Trial

Yahtzee has been doing a great job keeping us up-to-date with jury selection and today’s proceeding in the trial of former police officer Randall (Wes) Kerrick.  Kerrick is charged with voluntary manslaughter in the killing of Jonathan Ferrell in September 2013.

IMG_IMG_Ferrell_lead_art_2_1_SF4OVCVO_L125072277

Jonathan Ferrell

We will use this post to follow the trial. The court is not allowing live stream from the courtroom.  Some sources are releasing videos with portions of the trial at the end of each day’s proceeding.  WSOC-TV has a special section covering the trial.  There is a press room where reporters can observe the courtroom.

Jonathan was in a car accident, and knocked on the door of a house looking for help.  The woman resident of the house called 911 and reported that a man was trying to break into her house. Out of three officers that arrived at the scene, Kerrick was the only one to fire his weapon, shooting unarmed Jonathan 10 times.  Dash cam video has not been publicly released, but will be shown to the jury at the trial.

A recap of what happened the night that Jonathan was killed;

 

Portions of today’s hearing;

 

 

Posted on 08/03/2015, in Cases, Jonathan Ferrell and tagged , , , . Bookmark the permalink. 91 Comments.

  1. yahtzeebutterfly

    Here is the Charlotte Observer’s summary of the today’s afternoon session of the Kerrick trial:
    http://www.charlotteobserver.com/news/local/crime/article29842051.html

    12:30 p.m.: Defense presses on alcohol and marijuana use

    On cross-examination by the defense, Max Funderburke says the subject of smoking marijuana came up while he and Ferrell were talking at Hickory Tavern.

    The defense points out discrepancies between Funderburke’s testimony and his prior statements to police. Funderburke’s prior statement said Ferrell had some shots of liquor; Funderburke said he doesn’t remember that now. His prior statement said it was Ferrell’s idea to go smoke marijuana, but Funderburke said he doesn’t remember that specifically.

    Funderburke testifies under questioning by the defense that he cautioned Ferrell to slow down as he passed the Bradfield Farms neighborhood pool entrance “because I know police sit by the entrance to the pool.” (Ferrell’s wreck happened about a quarter-mile from the pool road, after he left Funderburke’s.) The speed limit is 25 mph.

    Funderburke says he texted to Ferrell: “Good look on the ride,” which meant thank you.

    Funderbruke also testified that he and Ferrell smoked marijuana once before, at a barbecue at Ferrell’s house. He said Ferrell’s fiancee was at the house when they smoked but didn’t partake. Earlier Monday, Heidel testified that Ferrell smoked marijuana only twice in his life and it was when they were in college.

    2:30 p.m.: Waitress testifies about Ferrell and his friends

    Erica Hudson waited on Ferrell and his friends at Hickory Tavern the night he was killed. She said Ferrell, wearing a teal shirt and hat, was very polite and “one of the tamer ones” in the group. She saw him drink his own beer, but did not see whether he had any shots of liquor.

    Ferrell ordered chicken wings and two Coors Light beers that night, Hudson testified. She said she was not aware of anyone else buying alcohol for Ferrell.

    She said part of her job is to assess whether people are intoxicated, and she did not believe Ferrell was impaired when he left.

    The woman who called 911 after Ferrell’s car wreck is now on the stand.

    2:45 p.m.: Woman called 911 after Ferrell bangs on her door

    The prosecution called Sarah McCartney as a witness. (Police say Ferrell walked to her house after wrecking his car.)

    Sarah McCartney said she was asleep at home while her husband was at work. Her young child also was home asleep. She said she awoke to a loud banging on her door about 2:30 a.m.

    She couldn’t see who it was, and the dog was barking loudly. She opened the door about a foot, thinking it might be her husband. “It was not my husband, so I shut the door really quickly,” she said.

    She described him as “kicking and yelling” outside her door.

    “I saw a man out the door,” she testified. “He was leaning back with one of his legs up in the air. That’s when I shut the door.”

    She then ran to the bedroom to get her cellphone and called 911.

    She described Ferrell as black with short dark hair, large, and wearing a green shirt. “He seemed very angry and mad,” she said.

    Her door is two steps up. She said she didn’t recall which of Ferrell’s feet was in the air. She said she didn’t recall whether he was stepping up or stepping down. She said she saw nothing in his hands and that Ferrell never entered her home.

    (I am going to check reporter’s tweets about the above before I continue the Observer’s summary.)

    Liked by 2 people

    • yahtzeebutterfly

      Yes it is, Cindy.

      All Jonathan was doing was seeking help, yet he ended up being riddled with all those bullets from Ofc. Derrick’s gun. It makes me tremble. So heartbreaking.

      Liked by 2 people

  2. yahtzeebutterfly

    More from this afternoon:

    3 p.m.: ‘I was terrified’

    911 caller Sarah McCartney said Ferrell was pacing in her front yard, yelling for her to turn off the alarm. She said that she didn’t see him kick or bang on her door, but she heard it. He was yelling so loud that the alarm company heard him over the phone line, she said.

    “I was terrified,” McCartney testified. “I was worried about my child.”

    Asked by a prosecutor if Ferrell tried to force his way in, McCartney said, “As soon as I got it shut and locked, there was a bang on the door.”

    She said she went to check on her child and to look for something to protect herself.

    4 p.m.: 911 and alarm company

    Sarah McCartney said she did not hear her doorbell ring while Ferrell was outside, and never heard him ask for help or explain that he’d been in a wreck.

    She said her alarm was triggered when she opened the door without first deactivating the alarm. She said it was not triggered by Ferrell.

    When the defense team played the 911 call, McCartney appeared shaken as she listened.

    The defense team also played the call with McCartney’s alarm company, in which Ferrell can be heard yelling from outside the house. McCartney said he was yelling to “shut it off, shut it off!”

    4:30 p.m.: More on the woman who called 911

    For the past two hours, the defense and prosecution have questioned Sarah McCartney, who called 911 after Ferrell showed up at her house after wrecking his car. The defense team played the 911 call as well as the alarm system call.

    Prosecution asks McCartney again if she ever saw Ferrell kicking the door, noting that the defense team keeps using the phrase “kicking in your door.” She says, “I did not see him.”

    Prosecution shows McCartney a statement in which she said she heard a person saying, “Turn it off. Come back.”

    She said she apparently said that although she does not remember it now.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article29842051.html#storylink=cpy

    Liked by 2 people

  3. yahtzeebutterfly

    5:30 p.m.: EMT testifies about arriving at scene

    Emergency medical technician Jonathan Russell Freeze testified about arriving at the scene after Ferrell was shot. He said Ferrell was face down in a ditch and handcuffed. He checked for a pulse in the right wrist and right side of Ferrell’s neck, and then asked police if he could roll him over to check the other side for a pulse. He said he was told no by the officers on the scene.

    Freeze then tended to Kerrick. He noted there was a red mark on the side of the officer’s cheek and a little bit of dried blood at the corner of his lip. He said he noticed blood on Kerrick’s hands, pants and shoes. “I saw blood. I asked him if it was his,” Freeze said. “I went to wipe some blood off of his hands before I was stopped by another officer.”

    He said Kerrick was in shock, “real pale, clammy, and very upset.”

    Freeze said that as he was leaving the scene, he saw a car wrecked in the trees and realized it was probably connected to the shooting.

    Court is recessed for the day and is expected to resume at 9:30 a.m. Tuesday.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article29842051.html#storylink=cpy

    Liked by 2 people

  4. yahtzeebutterfly

    This linked article has the videos of the prosecution’s and the defense’s opening statements:

    http://www.twcnews.com/nc/charlotte/news/2015/08/3/kerrick-opening-statements.html

    Like

    • yahtzeebutterfly

      The prosecutor in his opening statement pointed out

      Prior to Jon being shot ten times, Jonathan never made any verbal threats to any of the officers. He never tried to fight, kick, bite, scratch any of the officers. He never brandished a weapon at any of the officers.”

      Like

  5. God this is so horrific!! Why didn’t that bitch just ask him what was wrong instead of being a paranoid bigot! Leave the door closed if you want but ask if he’s ok?!?

    Liked by 3 people

    • Shannon, I feel the same way. She could have asked what he wanted and told him she was calling 911, rather than assuming he was there to commit a crime and tell 911 her speculation as truth.

      Liked by 1 person

  6. yahtzeebutterfly

    Corey Schmidt ‏@ChiaroscuroTV 15h15 hours ago
    “Sarah McCartney wiping away tears on the stand as her call to 911 plays for the jury. #KerrickTrial”

    Liked by 1 person

  7. The thing is crying now, feeling regret does nothing for the guy now. He suffered an horrific death. His last minutes were filled with pain and confusion and terror. These women are dealing with Nothing, NOTHING compared with what he dealt with. He may not have been used to racism and didn’t know what that woman’s problem was. And then watching those pigs run up to him with guns drawn on him as if he’s a damn criminal?!

    I hope the women have at the very least realized what ignorance & unfounded fear (at least i hope it was fear&ignorance & not just racist contempt) has done to innocent ppl. I hope they changed & they teach their kids not to be that way. At least they can change the cycle their kids were headed towards.

    Like

    • yahtzeebutterfly

      “I hope they change & they teach their kids not to be that way. At least they can change the cycle their kids were headed towards.”

      I hope so, too, Shannon.

      Liked by 1 person

  8. 11years? For a TRAINED PROFESSIONAL, PUBLIC SERVANT, PAID FOR & TRUSTED BY TAXPAYERS to serve & protect instead kills an innocent. With intention & recklessness.10 shots?! TEN?!?!

    Liked by 1 person

  9. yahtzeebutterfly

    Shawn Flynn ‏@FlynnShawn 7m7 minutes ago
    “Diagram of location of 3 CMPD cars following shooting. #kerrick trial”

    From today:

    “Paramedics Testify About Scene of Shooting in Kerrick Trial”</strong

    http://www.twcnews.com/nc/charlotte/news/2015/08/4/paramedics-testify-about-scene-of-shooting-in-kerrick-trial.html
    Excerpt:

    Kerrick told one of the paramedics Ferrell hit him.

    “Our observations were that Officer Kerrick had swelling to the right side of his jaw and some dried blood on his lips,” said Kenneth Phillips.

    The defense says Ferrell punched Kerrick in the face during a struggle but the prosecution says he could have received those injuries when he fell pedaling backwards while shooting at Ferrell.

    The paramedics said both scenarios were possible based on his injures.

    Liked by 1 person

  10. yahtzeebutterfly

    To be shown sometime this week is Ofc. Neal’s dash-cam video with Neal’s audio “captures the rapidly escalating encounter.”

    “Power of video will be tested at CMPD officer’s trial”
    http://www.charlotteobserver.com/news/local/crime/article29715202.html

    Excerpts:

    For almost two years, and despite numerous requests from Ferrell’s family, state prosecutors have refused to release it. To do so, they said, would have undercut Kerrick’s right to a fair trial.

    …….According to those who have seen it, the standoff with Ferrell lasts about 15 seconds. The shooting appears off camera. Kerrick is never in view

    …..“I do not think Kerrick would have ever been charged if it wasn’t for the dashcam video,” says Monnett, who represented Ferrell’s family in a federal lawsuit settled in May for a record $2.25 million. “Without it, I don’t think we would be having the trial.”

    ….In the early hours after Ferrell’s death, CMPD then-Chief Rodney Monroe described Kerrick’s use of deadly force as “appropriate and just.” Later that day after watching the video, Monroe had Kerrick arrested. He said the footage showed that Ferrell was clearly unarmed and that Kerrick’s decision to open fire was “excessive” and unlawful.

    Excerpts from article reporting on what is seen on video according to some who have watched it:

    Ferrell appears on camera almost as soon as Neal turns onto the pool road.

    Ferrell, a former college football player, approaches Little and Kerrick, who are off camera. He then notices red targeting laser points on his chest from Little’s Taser. Ferrell pulled up his pants, and his hands are at his sides. He then begins to run between the police cars.

    Little fires his stun gun almost simultaneously but misses. Ferrell disappears off camera. The unseen Kerrick can be heard yelling as gunshots ring out. At that point, Neal leaves his car and runs left to right across the screen, toward the ditch where Kerrick and Ferrell both landed.

    In pre-trial motions, prosecutors say neither Kerrick nor Little identified themselves or gave any commands to Ferrell. The victim ran, they say, only because he feared for his life.

    Like

  11. yahtzeebutterfly

    This question which I have had just keeps filling my heart with tears:

    Why would Ofc. Derrick continue to shoot Jonathan when Jonathan was only crawling after the initial rounds of firing??

    I just don’t get it.

    Like

  12. yahtzeebutterfly

    Here is the PDF of the Georgia Ferrell’s civil lawsuit which was settled for $2.25 million:
    http://www.qcitymetro.com/uploads/file/Jonathan%20Ferrell%20lawsuit.pdf

    (Administrator’s Note: Thanks, Yahtzee! I just added it to the Document section on the right-side border of the blog.)

    Like

  13. yahtzeebutterfly

    I just found this old article. Can’t believe it! Did you know that Ofc. filed an assault complaint against Jonathan Ferrell the night he killed Jonathan?!

    http://www.wbtv.com/story/28005909/officer-randall-kerrick-filed-assault-complaint-the-night-jonathan-ferrell-died

    Excerpt:

    “CHARLOTTE, NC (WBTV) –
    Nearly a year and a half after a Charlotte Mecklenburg Police Officer shot an unarmed man ten times, a new piece of evidence has surfaced through the courts. Officer Randall Kerrick filed a simple assault report the night police say he killed Jonathan Ferrell.

    The report says Kerrick had “apparent minor injuries” and that “the suspect assaulted him by unknown means.”

    Like

  14. yahtzeebutterfly

    Amy Cowman ‏@amywccb
    State calls 12th witness @CMPD CSI investigator who responded to scene after #jonathanferrell crash and shooting”

    Amy Cowman ‏@amywccb
    “Judge removed jury while defense request mistrial for graphic photos of #JonathanFerrell body & family reaction in a court in front of jury”

    Amy Cowman ‏@amywccb
    “Judge denies request from defense for mistrial due to emotional family response from #jonathanferrell photos in front of jury, #KerrickTrial”

    Amy Cowman ‏@amywccb
    Once again judge dismisses jury while defense argues state trying to use repetitive photos of #JonathanFerrell body to invoke sympathy”

    Amy Cowman ‏@amywccb
    “State argued several photos of #JonathanFerrell body are needed bc also show shell casings and other evidence #KerrickTrial”

    Amy Cowman ‏@amywccb 15s15 seconds ago
    “Court in short recess, defense protesting to multiple pics of #JonathanFerrell body, state says evidence shown in pics #KerrickTrial”

    Like

  15. yahtzeebutterfly

    From the Charlotte Observer:

    3:30 p.m.: Deciding what photos can be shown

    Out of the jury’s presence, the defense challenged a prosecutor’s attempt to introduce more photos of Jonathan Ferrell’s body. Attorney Michael Greene said the photos were repetitious, designed to evoke sympathy.

    Superior Court Judge Robert Ervin blocked two photos, but allowed others. One shown to jurors is of Ferrell lying dead in a drainage ditch, a Taser nearby. Another shows Ferrell’s hands handcuffed behind his back. A third is of Kerrick’s patrol car with headlights and spotlight on.

    K.C. Nyx, a crime scene investigator, testified that a person standing in front of Kerrick’s car might not be able to see what’s behind the bright lights. “The things behind the lights tend to fall into darkness as you’re looking at that bright light coming towards you,” Nyx said.

    According to police, Ferrell ran in that direction after Officer Thornell Little aimed his Taser at Ferrell. Kerrick was standing there with his gun drawn.

    The trial took it’s mid-afternoon recess at 3:17 p.m.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article29931667.html#storylink=cpy

    Like

  16. Yahtzee,
    Words cannot express how much I appreciate you keeping us updated on the trial. Having a lousy cold caused me to sleep the majority of the afternoon and I’m sitting here now fighting drowsiness for taking “non-drowsy” cold medication. 🙂

    Thanks so much for being a part of the Blackbutterfly7 family.

    Like

    • yahtzeebutterfly

      You’re very welcome, Xena.

      I’m sorry to hear that you are dealing with a cold. I hope you get all the rest you need and feel better soon.

      Liked by 1 person

  17. yahtzeebutterfly

    Amy Cowman ‏@amywccb 1h1 hour ago
    Day 3 of testimony #jonathanferrell brother and mother sitting in court awaiting more mCMPD testimony #kerricktrial

    Amy Cowman ‏@amywccb 20m20 minutes ago
    Judge dismisses jury again after state asks to present pictures of #JonathanFerrell , tells the Ferrell family can step outside

    Mom of #jonathanferrell leaves courtroom w judge advise once jury out since state to show photos of his body

    Jury dismissed, state argues to judge why photos are important showing how #jonathanferrell blood was on Kerrick

    State argued they not showing graphic photo of #jonathanferrell for sympathy but for evidence against Kerrick defense

    Judge overrules defense objection to showing graphic #JonathanFerrell photo says can be passed through jury but not on big screen

    Graphic photo of #JonathanFerrell passed through jury members, not much reaction, one didn’t look at all, most glanced briefly #KerrickTrial

    Like

  18. yahtzeebutterfly

    Updates from the Charlotte Observer:

    10:30 a.m.: Could Ferrell recognize patrol cars?

    Could Jonathan Ferrell see that the two cars that drove toward him on the night he died were police patrol vehicles?

    On Tuesday, CSI supervisor K.C. Nyx testified that the headlights and a spotlight on Kerric’s patrol car could have made things behind it “fall into darkness.”

    But Wednesday, she conceded under questioning by the defense that she was able to clearly see the police markings on the cars.

    The distinction is important. Prosecutors have said that neither officer identified himself, implying that Ferrell may not have known that he was running away from police.

    Kerrick stood behind the lights, his gun drawn.

    11:10 A.M.: Another officer handcuffed Ferrell

    The three officers involved in the confrontation with Ferrell did not place handcuffs on his wrists after he was shot and killed, according to testimony Wednesday.

    Another officer, who arrived to help investigate the shooting, put on the handcuffs, said Detective Matt Heffner.

    In his opening statement, prosecutor Arden Harris left the impression with jurors that one of the three officers who responded to the 911 call had put the handcuffs on Ferrell’s dead body.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article30024984.html#storylink=cpy

    Like

    • doesnt that last part mean the investigator TAMPERED with the evidence at the scene?

      Liked by 1 person

      • yahtzeebutterfly

        I had not thought about that, Bill. That would be tampering!

        Like

        • it proves to me you cant allow the police to investigate each other, they clearly attempt to arrange things that should not be touched…..the guy in south carolina going back to get the taser and bring it up to the body……allowing wilson to walk around possibly moving some elements of the crime scene as in kicking some of his shell casings closer to the body…..

          Like

      • yahtzeebutterfly

        More from The Charlotte Observer:

        12:30 P.M.: Court recessed for lunch.

        The most dramatic moment of the morning came when Defense Attorney George Laughrun asked Detective Matt Hefner to read from his initial report of the shooting scene.

        Two prosecutors leapt to their feet and shouted “Objection!” simultaneously.

        Judge Robert Ervin declared the passage was hearsay and blocked Hefner from reading it. In light of the objections of prosecutors, the information may have been unflattering to Ferrell.

        Read more here: http://www.charlotteobserver.com/news/local/crime/article30024984.html#storylink=cpy

        Like

      • yahtzeebutterfly

        Bill, I just realized that the investigator arrived and put handcuffs on Jonathan before the EMTs arrived.

        According to this linked article:
        http://www.twcnews.com/nc/charlotte/news/2015/08/4/paramedics-testify-about-scene-of-shooting-in-kerrick-trial.html

        Both EMTs testified that they found Jonathan Ferrell lying on his stomach with his hands cuffed behind his back. Both said he had no pulse and wasn’t breathing. One said there was no attempt to render aid to Ferrell because, unfortunately, there was no need to.

        The paramedics never turned Ferrell over because they testified they were told by a CMPD officer not to move his body.

        Like

  19. yahtzeebutterfly

    Amy Cowman ‏@amywccb 32m32 minutes ago
    “State witness @CMPD CSI supervisor showing bits from taser fired and shell casings #kerricktrial”

    Like

  20. yahtzeebutterfly

    The dash cam video was played in court.

    “Published on Aug 5, 2015
    Charlotte-Mecklenburg police dashcam video shows the shooting death of Jonathan Ferrell by officer Randall Kerrick in 2013.

    Like

  21. yahtzeebutterfly

    Full length dash cam video:

    Published on Aug 5, 2015 by Fox 46 Charlotte
    The fully released Charlotte-Mecklenburg police dashcam video of the shooting death of Jonathan Ferrell. This video is unedited and is released exactly as was distributed by North Carolina’s 26th Judicial District during the manslaughter trial of Officer Randall Kerrick.

    Like

    • I now understand what Jonathan’s estate alleged in the lawsuit; that he was not given time to respond to any commands before Kerrick started shooting. We can hope that the jury understands that too.

      Liked by 1 person

  22. yahtzeebutterfly

    From the Charlotte Observer:

    3:40 p.m.: Officer Adam Neal testitifes about video

    When the video finished playing in court, a prosecutor began questioning Neal. Neal testified that as he pulled up in his squad car, he saw Ferrell walking toward the officers. He said he saw red Taser dots on Ferrell’s body and, it was at that point, that Ferrell began to run.

    “And at this point,” Neal testified, “he started charging.”

    He said he got out of his car and tried to run after Ferrell.

    Court recessed at 3:40 p.m. for an afternoon break.

    4:30 p.m.: More from the courtroom: In the ditch

    After Neal got of his car, he said he heard shots. He said he saw Kerrick and Ferrell together in a ditch.

    “Officer Kerrick, he was on his buttocks with his weapon in his hand, and Jonathan was at the lower part of Officer Kerrick’s legs and feet,” Neal testified.

    He said Kerrick had one leg extended, as if he was trying to push away from Ferrell.

    Ferrell crawled forward, Neal said, pulling up on Kerrick’s body. “It was like a swimming move,” Neal said, demonstrating with his arms.

    Kerrick fired a second round, he said, and Ferrell quit moving. Then, Neal said, he saw Ferrell’s body move again and Kerrick fired again.

    Neal told the prosecution he never drew his Taser or gun because he was expecting a fight “versus pulling out anything.”

    In an animated cross-examination by defense attorney Michael Greene, Neal got down on the courtroom floor to demonstrate how Kerrick was positioned in the ditch. From down on the courtroom floor, Neal said he did not shoot “because I might hit Officer Kerrick.”

    Read more here: http://www.charlotteobserver.com/news/local/crime/article30024984.html#storylink=cpy

    Like

  23. yahtzeebutterfly

    From The Charlotte Observer:

    4:30 p.m. Reaction from outside the courtroom

    Charles Monnett, the Charlotte attorney who represented the Ferrell family in a civil lawsuit over the shooting, spoke to the Observer at his office, shortly after the video was played in the courtroom.

    “Jonathan is plainly walking up casually,” Monnett said of what the video shows. “He’s not behaving like a violent criminal would. He’s making no attempt to conceal himself. His hands are plainly visible.”

    He said the standard for police to use deadly force is an imminent threat of death or severe bodily injury.

    “Where do you see that on this video?” he said.

    He said Ferrell didn’t begin to run “until the Taser (laser targeting) dots are plainly visible on his chest.”

    If it were not for this video, he said, he does not think Kerrick would be facing criminal charges.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article30024984.html#storylink=cpy

    Like

  24. it is sickening how these officer shout commands at people when they have no reason to on any level, also how they aim weapons at people that are breaking no law…….the guy ran in FEAR, not being aggressive, and after shooting him so many times the gutless punk was yelling “dont move” dont move…….seriously the police have turned into a criminal organization and indeed without the video there would be no charges at all……there was NO reason to even draw any weapon, as one officer admitted without using those exact words.

    Like

  25. yahtzeebutterfly

    Amy Cowman ‏@amywccb 10m10 minutes ago
    “Officer Neal back on stand this morning to start Day 4 testimony in #kerricktrial recounting when he arrived on scene”

    Like

  26. yahtzeebutterfly

    Amy Cowman ‏@amywccb 11m11 minutes ago
    State shows screen door from house #jonathanferrell went, shows spot where suspected blood #kerricktrial

    “State circles spot on screen door where CSI testifies appeared to be blood or red substance #kerricktrial”

    Like

  27. yahtzeebutterfly

    Elizabeth Leland ‏@elizabethleland 21m21 minutes ago
    “Prosecutor brings in door screen with possible blood.” http://www.charlotteobserver.com/news/local/crime/article30214743.html … #JonathanFerrell #KerrickTrial

    Elizabeth Leland ‏@elizabethleland 19m19 minutes ago
    “Investigator describes indentations on bottom of door. Homeowner says Ferrell kicked”</em

    Like

  28. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT 22m22 minutes ago
    “Front door unwrapped for jury #KerrickTrial”

    Chris Miller ‏@ChrisMillerWBT 20m20 minutes ago
    “Possible blood was near door handle. No problem opening or closing door. #KerrickTrial”

    Chris Miller ‏@ChrisMillerWBT 19m19 minutes ago
    “Indentations were found on the base of the door and lower portions #KerrickTrial

    Like

    • yahtzeebutterfly

      Chris Miller ‏@ChrisMillerWBT 43m43 minutes ago
      “Before finishing her testimony, Clark said she could not say what caused the indentations on door. #KerrickTrial”

      Like

  29. yahtzeebutterfly

    Amy Cowman ‏@amywccb
    “State calls @CMPD Officer Christopher Perez to stand, works in Cyber crimes and Digital Forensics #kerricktrial

    “Officer Perez testifies that @CMPD detectives brought him dash cam video to see if he could make any clarifications from it #KerrickTrial

    “Officer Perez testifies was asked by detectives to examine dash cam video to detect if #JonathanFerrell was doing anything with his hands”

    Elizabeth Leland ‏@elizabethleland
    “Forensic expert extracted images off dash-cam video and focused on Ferrell’s hands”

    Like

  30. yahtzeebutterfly

    Amy Cowman ‏@amywccb
    State calls Dr Thomas Owens, Dir of Meck Co medical examiner office, Forensic Pathologist #kerricktrial

    Elizabeth Leland ‏@elizabethleland 8m8 minutes ago
    “Pathologist: 9 bullets hits Jonathan Ferrell’s body, 1 hit his left arm”

    Chris Miller ‏@ChrisMillerWBT
    Autopsy on Ferrell “took several hours.”

    “None of the shots to the body exited. There was partial exit of bullet in arm.

    Ferrell had scratches and cuts on his forehead, but there was no bleeding there. No skull injuries.

    No brain injuries

    Prosecutor hands Owens six autopsy photos.”

    Like

    • Jonathan was no doubt injured in the car crash causing some bleeding, which is also probably why he was seeking help. Too bad that woman panicked and gave a report to 911 of something that wasn’t happening. She didn’t have to help, but she didn’t have to cause harm either.

      Like

    • yahtzeebutterfly

      Chris Miller ‏@ChrisMillerWBT 3h3 hours ago
      On prosecution redirect, Owens says he doesn’t “definitively” know where Ferrell and Kerrick were positioned. #KerrickTrial

      Chris Miller ‏@ChrisMillerWBT 3h3 hours ago
      Owens: “You could invent several different scenarios” for their positions.

      Like

      • yahtzeebutterfly

        Wouldn’t Jonathan’s blood have been on Ofc. Kerrick’s uniform if Jonathan had crawled close to or onto Kerrick? I have seen no mention of blood on Kerrick’s clothes.

        I believe strongly that Kerrick should never have continued to shoot at Jonathan when Jonathan was only able to crawl after Kerrick’s initial shots.

        (Just me, but I believe Jonathan should have been offered first aid at the point that he started crawling. An unarmed man who is crawling because of being shot is not a threat. Let’s not forget that Kerrick had two officers right there with him who could have handled wounded Jonathan.)

        From the Charlotte Observer:

        5 p.m.: Pathologist says, ‘Anything is possible’

        Dr. Thomas Owens, who performed the autopsy on Ferrell, gave lengthy – and often complicated – explanations of how the angles of the bullet wounds suggest the relative position of Kerrick and Ferrell to each other.

        Though he revealed a lot of information about the wounds, he was unable to give definitive answers about how they occurred.

        Owens said he could not calculate the distance from where the shots were fired. He could not say the order in which the shots were fired. He could not say whether Kerrick and Ferrell were standing up or on the ground – only the relative position of one to the other.

        All nine shots to Ferrell’s chest, Owens said, traveled downward through his body. The defense asked whether that would be consistent with Ferrell crawling on Kerrick while being shot. It’s possible, Owens said.

        “Anything is possible,” he said. “… We don’t know the exact position of each of them at every single moment during that interaction.”

        One thing he does know for certain: Ferrell died of multiple gunshot wounds to his chest. Some of the wounds would have rapidly incapacitated Ferrell because they pierced through his organs and major blood vessels; others were not as severe.

        Read more here: http://www.charlotteobserver.com/news/local/crime/article30214743.html#storylink=cpy

        Like

  31. yahtzeebutterfly

    Court has adjourned and will reconvene at 9:30 tomorrow.

    Summary of medical examiner’s testimony:

    http://www.charlotteobserver.com/news/local/crime/article30214743.html

    Like

  32. yahtzeebutterfly

    Mark Becker ‏@MarkBeckerWSOC9
    “Back up and running again at trial. First witness is toxicologist from state crime lab #KerrickTrial”

    Chris Miller ‏@ChrisMillerWBT
    More scientific testimomy, with Erin Hensel from the state medical examiner’s office taking the stand. #KerrickTrial

    Hensel, a forensic chemist, received blood samples

    Test of blood sample turned up nicotine and caffeine

    On cross-exam, Hensel repeats there was no name attached to the sample, only a number.

    She is finished and didn’t say much. Only tested Ferrell for caffeine and tobacco

    Elizabeth Leland ‏@elizabethleland 1m1 minute ago
    Lab finds only nicotine and caffeine in Ferrell’s blood in tests for organic bases

    Like

  33. yahtzeebutterfly

    Mark Becker ‏@MarkBeckerWSOC9
    Another toxicologist from state lab who tested Ferrell’s blood #KerrickTrial

    Elizabeth Leland ‏@elizabethleland
    Test shows Ferrell had 0.069 blood alcohol level. Legal limit for driving is 0.08.

    Like

  34. yahtzeebutterfly

    Mark Becker ‏@MarkBeckerWSOC9 4m4 minutes ago Charlotte, NC
    Our third chemical analyst of the day. Dr Jennifer Beal tested for drugs in Ferrell’s system #KerrickTrial

    Chris Miller ‏@ChrisMillerWBT 1m1 minute ago
    No cocaine or opiates detected

    On defense cross-exam, chemist says her office does not have capability to test for marijuana.

    Like

  35. yahtzeebutterfly

    Amy Cowman ‏@amywccb
    State calls next witness, Sandra Freeman with NC Office of Chief Medical Examiner, she’s Deputy Chief Toxicologist

    Mark Becker ‏@MarkBeckerWSOC9
    State Toxicologist who signed off on tests of Ferrell’s blood. Tedious testimony but important info

    Chris Miller ‏@ChrisMillerWBT
    Toxicologist says there was never a test for marijuana in Ferrell’s blood because it’s not inherently toxic

    Policy is not to test for marijuana, which explains why the toxicology report doesn’t show marijuana

    Mark Becker ‏@MarkBeckerWSOC9
    Dr says they found nicotine, alcohol and caffeine in Ferrell’s blood. They did not test for marijuana

    Like

    • yahtzeebutterfly

      Mark Becker ‏@MarkBeckerWSOC9
      Defense asks Dr to calculate what Ferrell’s BAC was when he was driving–she says it would’ve been .084–over legal limit

      Like

    • wow first time i have seen a toxicologist say that FACT…..since marijuana is NON toxic it would NOT be included in a toxicology report…..such report only tests for TOXIC substances.

      Liked by 1 person

  36. yahtzeebutterfly

    Amy Cowman ‏@amywccb 2h2 hours ago
    State calls @CMPD homicide detective Edwin Morales to stand , responded to shooting scene #kerricktrial

    Summary from The Charlotte Observer:

    11:55 a.m. Jurors examine gun, bullet fragments

    Jurors saw the .40-caliber Smith & Wesson handgun that Officer Randall “Wes” Kerrick used to shoot Jonathan Ferrell. They then saw the bullet fragments that lodged in Ferrell’s body.

    Before a bailiff carried the gun over to the jury box, he secured the weapon with a zip-tie to prevent it from firing. Homicide Detective Edwin Morales then opened envelopes containing each bullet fragment. The first fragment, he cupped in gloved-hands and walked over to show jurors.

    One by one, he identified the “spent projectiles” removed from Ferrell’s body by the Office of the Chief Medical Examiner in Raleigh. Nine lodged in Ferrell’s chest, according to testimony Thursday, one in his left arm.

    After identifying each fragment, Morales displayed them on a table for jurors to examine. The jurors paraded by in a line, looking over each one.

    12:25 p.m. Jurors shown blood-stained clothes

    After hours of clinical testimony, Kerrick’s trial turned personal as a homicide detective unveiled Ferrell’s fingerprints, his hand prints, his watch – and then the clothes he died in.

    Piece by piece, Detective Edwin Morales cut open evidence bags to reveal items gathered from Ferrell’s body: The black socks he wore as he approached police officers. His gray plaid boxer shorts stained with blood. His gray Levi jeans, also soiled with blood.

    The courtroom fell silent as Morales held up the jeans, grass stains visible on one knee.

    In the most dramatic moment, prosecutor Adren Harris rolled in a large package containing Ferrell’s short-sleeve teal T-shirt. Morales carefully cut off paper sealing the container. Then he slit through tape.

    Inside the box was a mannequin, he said. On the mannequin, Ferrell’s blood-soaked shirt.

    Morales turned the box so jurors could see inside, but carefully shielded the contents from the media and other courtroom observers.

    Amy Cowman ‏@amywccb
    “State shows jury bloody shirt from #jonathanferrell on a mannequin”

    Like

  37. yahtzeebutterfly

    Elizabeth Leland ‏@elizabethleland
    We may hear from Officer Kerrick this afternoon — from a recorded interview in 2013

    Chris Miller ‏@ChrisMillerWBT 1h1 hour ago
    Morales and other detectives interviewed Kerrick about four and a half hours after the shooting
    Kerrick voluntarily went in for questioning

    Mark Becker ‏@MarkBeckerWSOC9 1h1 hour ago Charlotte, NC
    Det morales has 61 page transcript of interview with Kerrick

    Like

  38. yahtzeebutterfly

    Amy Cowman ‏@amywccb
    Detective Morales opening evidence bags showing Kerricks holster, pepper spray, taser , radio , all collected

    Amy Cowman ‏@amywccb 11m11 minutes ago
    Detective Morales opens and shows bulletproof vest collected from #WesKerrick

    Mark Becker ‏@MarkBeckerWSOC9
    Det Edwin Morales said Kerrick activated his blue lights and dash cam on the way

    Det Morales says Kerrick turned off his blue lights and dash cam

    Morales says Kerrick had to manually turn off the dash cam–question is why?

    Like

  39. yahtzeebutterfly

    Mark Becker ‏@MarkBeckerWSOC9
    Det Morales: Kerrick described the scene as dark when he got there and walked up driveway to check break in

    Det Morales: Kerrick looked around area with his flashlight. This was before he encountered Ferrell

    Chris Miller ‏@ChrisMillerWBT
    Morales reading from Kerrick’s interview, says he “didn’t see any marks” on the door of home Ferrell went to.

    “It was very dark around the home.”

    Across the street, “he heard a loud grunting.”

    Conferred with Officer Thornell Little that “they needed to go check it out.”

    Like

  40. yahtzeebutterfly

    Mark Becker ‏@MarkBeckerWSOC9
    Det Morales: Kerrick followed officer Little down the pool road in his patrol car

    Chris Miller ‏@ChrisMillerWBT 4m4 minutes ago
    Kerrick said when he pulled up, Officer Little was out of his patrol car, Taser drawn

    Kerrick said he then saw person matching suspect description from breaking and entering

    Kerrick: suspect had “crazy looking eyes… almost looked like a hologram.”

    Kerrick then saw lights from Taser on Ferrell’s chest

    Like

  41. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT 1m1 minute ago
    Morales: he said “at that point he wasn’t giving any commands.”

    “At that point the defendant went lethal.”

    Mark Becker ‏@MarkBeckerWSOC9
    “He went lethal”–Det Morales on when Kerrick pulled his gun

    Like

    • yahtzeebutterfly

      Chris Miller ‏@ChrisMillerWBT 48s49 seconds ago
      Morales: Kerrick said police are trained “to go lethal” when a Taser is drawn “because we don’t know what he’s got on him.”

      Like

  42. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Morales: Ferrell approached Officer Little, who fired Taser, which “didn’t work.”

    Morales: Kerrick said he began to give commands, and Ferrell turned his attention to Kerrick

    Morales: Kerrick said Taser “didn’t faze suspect whatsoever.”

    Morales: Kerrick said Ferrell “didn’t flinch” at Taser. Didn’t know if Taser hit him.

    Morales: Kerrick said Ferrell already made a gesture at his side, didn’t see Ferrell reach into his pants

    Kerrick yelled “Stop! Stop!”

    Mark Becker ‏@MarkBeckerWSOC9
    “He didn’t flinch so I yelled stop stop and he turned his focus on me” Det on Kerrick’s statement

    Det Morakes: Kerrick first said he fired first 3-5 shots when Ferrell was within ten feet

    Chris Miller ‏@ChrisMillerWBT
    Kerrick said Ferrell was within 10 feet when he began shooting

    “He was afraid (Ferrell) was going to take his gun.”

    Kerrick began backpedaling

    “I didn’t want him to take my gun from me.”

    Mark Becker ‏@MarkBeckerWSOC9
    He advised he was afraid Jonathan was going to take his gun

    Like

  43. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Kerrick said shooting didn’t faze Ferrell.

    While giving commands, “he wasn’t giving me any attention.”

    “He didn’t recall how he ended up on the ground.”

    Kate Gaier ‏@reporter_kate
    Once on ground, Kerrick says Ferrell at his feet and lower legs, could see hands, nothing in them
    Kerrick didn’t recall if Ferrell threw punch, or actually struck him

    Chris Miller ‏@ChrisMillerWBT
    “He advised (Ferrell) was grabbing at his legs, trying to come up his body.”

    Like

  44. He told all of those lies, forgetting the dash cam was on, or because he thought it wouldn’t matter and he’d still get away with.

    Like so many, this story is horribly sad. I doubt I’ll ever watch the dash cam video. 😥

    Liked by 1 person

  45. yahtzeebutterfly

    TWC News Charlotte ‏@TWCNewsCLT 9m9 minutes ago
    W/jury out of room, defense accuses state of “cutting & pasting” answers by not showing Kerrick’s entire intv w/the detective

    Like

  46. yahtzeebutterfly

    Summary from The Charlotte Observer

    3:30 p.m. Homicide detective reads portions of Kerrick’s account

    Step by step, shot by shot, a homicide detective recounted Officer Randall “Wes” Kerrick’s description of what happened the night he shot and killed Jonathan Ferrell.

    After responding to a report of a possible breaking-and-entering, Kerrick said he heard “a loud human grunt or yelling” coming from across the street, according to Detective Edwin Morales. Kerrick said he drove down the street, following Officer Thornell Little, Morales said.

    Upon arriving, Kerrick said he saw Little standing near the rear of his cruiser with his Taser drawn, Morales said.

    That’s when Kerrick first saw Ferrell, Morales said.

    “He had crazy-looking eyes,” Kerrick told Morales.

    Kerrick drew out his gun — he “went lethal” in police lingo. Kerrick told Morales that’s what he was trained to do if another officer draws his Taser.

    “He’s just broke into a house,” Kerrick said, according to Morales. “If he’s got a gun … that Taser, it’s gonna do nothing when somebody draws a gun on you.”

    At that point, Kerrick said he saw red dots from Little’s Taser on Ferrell’s chest. Little fired. But Kerrick said the Taser didn’t work.

    Kerrick said he was behind Little and commanded Ferrell to “Stop! Stop! He said Ferrell turned his attention to him and approached at a fast pace, Morales testified.

    Ferrell made a gesture toward his right side then, Kerrick told Morales.

    Kerrick fired. “It did not phase him,” Kerrick said, according to Morales.

    Morales said Kerrick initially said he fired three to five shots, then changed it to two to three shots. All the while, he said, he was backpedaling.

    “He feared that Jonathan was going to take his gun,” Morales said.

    Kerrick said he ended up on the ground, but didn’t recall how, Morales said. Ferrell was down at his feet and lower legs, Kerrick told Morales.

    Morales said Kerrick demonstrated how he was positioned on the ground: Sitting on his buttocks, his left arm back, his right leg extended, his left leg slightly bent, his gun in his right hand.

    Kerrick told Morales he then fired two shots, striking Ferrell above the shoulder. He told Morales that Ferrell was grabbing his legs, trying to come up his body.

    At that point in Morales’s testimony, court recessed for a break.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article30395574.html#storylink=cpy

    Like

    • Kerrick made a very bad prejudicial assumption. Jonathan had not broken into a house. That assumption is no doubt what made him think he was dealing with a criminal. Logically, a man who had broken into a house is unlikely to walk towards the police — he would be running away instead.

      Kerrick also assumed that the crazy look in Jonathan’s eyes had to be — why? Drugs? Mental disease? Anything other than the fact that the man had just been in a car wreck with possible injuries.

      Liked by 1 person

      • yahtzeebutterfly

        “Logically, a man who had broken into a house is unlikely to walk towards the police — he would be running away instead.”

        Exactly, Xena. It is heartbreaking to think that Jonathan lost his life with all of its promise and dreams because Kerrick was unable to calmly use his reasoning ability.

        For Jonathan, walking toward an anticipated reception of help turned into first being laser-targeted and then the horrific reception of deadly bullets which he was unable to escape.

        Like

        • Yahtzee, I don’t know why, but thinking about this and your comment caused me to think of a scene from the movie Chinatown. In the midst of being physically abused, she continued trying to explain “My sister. My daughter.” enduring the abuse.

          Liked by 1 person

          • yahtzeebutterfly

            I can see why you thought of this scene. Here is a detective that assumed he knew all of the answers and abusively beat the woman. In the same way, Ofc. Little and Ofc. Kerrick prejudged Jonathan, shooting with a taser and a gun without asking questions of Jonathan or giving directions.

            Even though Ofc. Kerrick saw no marks on the 911’s caller’s front door, he still believed the dispatcher’s message that Jonathan had kicked the door in (dispatcher did not say “tried to kick the door in” as 911 caller had said). Without talking to the 911 caller and without using his reasoning facilities to make proper conclusions after seeing the door undamaged, Ofc. Kerrick simply took off after hearing the grunt/yell of a man.

            Like

            • Yes, Yahtzee, and Jonathan wanted Kerrick to stop shooting him so he could tell him that he didn’t have to. What is it about Kerrick’s thinking that he could be on the ground next to man shooting him, and not expect that man to try to stop him long enough to say, “I crashed my car. I knocked on someone’s door. I crashed my car. I knocked on someone’s door. I crashed my car and knocked on someone’s door to ask them to call you guys.”

              Liked by 1 person

            • yahtzeebutterfly

              So painful to consider Jonathan’s last helpless moments.

              Like

  47. yahtzeebutterfly

    TWC News Charlotte ‏@TWCNewsCLT 2m2 minutes ago
    Initial interview with Officer Kerrick after the shooting was recorded – it’s being played for the jury now.

    Like

    • yahtzeebutterfly

      TWC News Charlotte ‏@TWCNewsCLT
      #breaking! Playing video of #kerrick interview in Interview room shortly after shooting.

      (I wonder if they will publicly release this video recording of the Kerrick interview.)

      Like

  48. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWB
    Kerrick’s interview being shown to the jury. His sister is in the room.

    Chris Miller ‏@ChrisMillerWBT
    Video begins about three hours after the shooting #KerrickTrial

    After a sidebar, they’re skipping ahead “a few hours” to when the actual interview starts.

    Morales says interview began in earnest around 7:16 a.m., four and half hours after the shooting.

    Detective Morales and Sgt. Lee Ann Oehler are conducting the interview.

    Chris Miller ‏@ChrisMillerWBT
    Defense attorney Michael Greene is also in the interview room

    Kerrick hands over his weapon

    Like

  49. Yahtzee,
    For your commitment and hard work;

    Sweet Thank You

    Like

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