Justice for Jonathan Ferrell – Kerrick’s Trial Continues

IMG_IMG_Ferrell_lead_art_2_1_SF4OVCVO_L125072277

Jonathan Ferrell

Check-in here for the latest up-dates to the Randall (Wes) Kerrick trial, the cop charged with voluntary manslaughter in the killing of Jonathan Ferrell .   Yahtzee did a fantastic job keeping us up-to-date last week.

There has been some controversy over the dash cam video that was shown to the jury last week.  We must keep in mind that the grand jury saw that video and indicted Kerrick.  If videos show that the officer had reason to open fire, then there would be no need for the officer to give a report that misrepresents what is seen on video.

I truly wish that the trial was live-streamed, but there are some portions of it released at the end of each day.  We post those in the comment section.

Feel free to join the discussion.

 

 

Posted on 08/10/2015, in Cases, Jonathan Ferrell and tagged , , . Bookmark the permalink. 68 Comments.

  1. Kerrick’s account vs. dash cam video

    Like

  2. yahtzeebutterfly

    Mark Davenport WBTV ‏@TheDavenReport
    NOW: #JonathanFerrell’s mom on trial: “It brings me to tears… I don’t want sympathy – I want justice”

    Mark Davenport WBTV ‏@TheDavenReport 7m
    #JonathanFerrell’s mom says Peace Lily was her son’s favorite flower. She has them all around her house

    Liked by 1 person

  3. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Jury resumes watching Kerrick’s interview with detectives, showing how far Ferrell was from him.

    Kerrick shows detectives his stance, recounts Ferrell “didn’t flinch” when another officer fired his Taser and missed Ferrell.

    “Hey! Stop! Stop!” Kerrick said he yelled at Ferrell.

    “As he approaches me, I’m backstepping.”

    “When he was about at this distance I fired at him.”

    Kerrick demonstrates being on the ground, says Ferrell struck him in the mouth.

    Kerrick doesn’t remember Ferrell throwing a punch, but felt a tugging on his gun.

    “I’m firing to get him off me. He’s still being aggressive toward me.”

    Like

    • he said stop stop then fired LESS than one second later……and his claim the bullets were not stopping the victim is simply a LIE. why did the victim fall to the ground after the first volley of shots IF they were NOT stopping him? one of the first shots to hit him(you can tell it hit while he was upright by the trajectory) was a very serious injury that likely would have killed him, there is zero chance he was fighting or being aggressive after that shot hit him and the rest clearly again from trajectory hit while he was falling or was already on the ground…..much like the two shots to Michael Browns head, they could only hit that way as he was falling to the ground or already on the ground.

      Liked by 3 people

      • he said stop stop then fired LESS than one second later…

        YES! I also agree about the first volley of shots. Jonathan no doubt fell toward Kerrick and that is why Kerrick fell to the ground.

        Like

  4. yahtzeebutterfly

    Continuing with investigator’s recorded video of the questioning of Kerrick:

    Chris Miller ‏@ChrisMillerWBT
    Kerrick: “The gun wasn’t stopping him.”

    Kerrick: Ferrell was “coming right at Officer Little. He was going to attack him.”

    Little was the officer with the Taser

    Kerrick is asked why his gun was drawn when Little had a Taser.

    Kerrick: we’re trained to “go lethal” when another officer has Taser out. “We don’t know” if he’s armed.

    Kerrick: Ferrell was coming “at a faster pace than I could back up.”

    Kerrick: Ferrell reached for waistband. “Doesn’t take but a second for him to grab a weapon.”

    Kerrick: “If I did not act when I did, he could take my gun.”

    Kerrick: Ferrell strong>”was completely zoned out.”

    In the video, defense attorney Michael Greene begins questioning Kerrick

    Greene: “If he was close enough to grab your face, he was close enough to take your weapon?”
    Kerrick: “Yes sir.”

    Kerrick: Ferrell was coming so fast I didn’t have a chance to run away.

    Kerrick: Ferrell “looked really, really pissed off.”

    “Just bulked up. He had his mind set on me.”

    Kerrick: if I hadn’t shot, “he was going to cause me harm.”

    Kerrick: “I had a weapon drawn on him and he just didn’t care. He didn’t care.”

    Detective: “At any point did you consider reholstering your weapon?”
    Kerrick: “I didn’t have time.”

    Elizabeth Leland ‏@elizabethleland
    “The first couple of shots did not phase him at all,” Kerrick says.

    Liked by 1 person

    • I haven’t, and probably won’t, watch the video, does the video ever show Jonathan making contact with the officer?

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      • yahtzeebutterfly

        Mindy, the video is only being shown in the courtroom with reporters watching it on a monitor. It is not being broadcast to the public.

        Like

      • yahtzeebutterfly

        Oh, Mindy, I just realized you were referring to the dash cam video (not the interview video).

        No, the dash cam video never shows Jonathan making contact with Kerrick because Kerrick was back out of the range of the dash cam.

        Liked by 1 person

      • No, the video shows no contact.

        Like

        • I really didn’t think it did. I hope hope hope this is pointed out over and over during his trial.

          Like

    • Annie Cabani

      Doesn’t Kerrick’s story sound suspiciously similar to Darren Wilson’s (the Ferguson cop who killed Michael Brown)?

      Liked by 1 person

      • Hey Annie. It certainly does, with shades of George Zimmerman.

        I have to catch-up, but I wonder if the prosecution has brought out the fact that there were two other officers present and Kerrick was not alone. At any time, did Kerrick shout-out to the other officers that he needed help, or Jonathan was going for his gun, or anything indicating that he felt he was in a life and death struggle?

        Like

  5. yahtzeebutterfly

    More of investigator’s recorded video of the questioning of Kerrick:

    Chris Miller ‏@ChrisMillerWBT
    It’s now 8:30 the morning of the shooting. Kerrick and detectives step out of the interview room.

    About 12 hours after the interview concluded, Kerrick was arrested.

    Like

  6. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Kerrick’s police uniform is being introduced into evidence.

    Mark Becker ‏@MarkBeckerWSOC9
    Detective now unwrapping Kerrick’s uniform–shirt, paints, boots and badge

    Chris Miller ‏@ChrisMillerWBT
    Defense begins cross-exam of Detective Morales, one of the two detectives who interviewed Kerrick.

    Robin Kanady ‏@RobinFox46
    Defense brings out #Kerrick’s duty belt, points out there is mud on back of it #kerricktrial

    Chris Miller ‏@ChrisMillerWBT
    Kerrick’s duty belt was not taken by detectives. Defense shows it to Morales, points out mud on back.

    Like

  7. yahtzeebutterfly

    Mark Becker ‏@MarkBeckerWSOC9
    Defense now questioning Det Morales. Asking why he didn’t take Kerrick’s duty belt with mud on it.

    Def atty showing Det there is mud on Kerrick’s shirt

    Ditto for his pants.

    Like

    • yahtzeebutterfly

      Have you noticed that no one so far has mentioned that there was any of Jonathan’s blood on Kerrick’s pants? If Jonathan supposedly reached for Kerrick’s gun or was pulling at Kerrick’s legs, wouldn’t there be blood on Kerrick’s pants? We know that Jonathan was shot at 4 times and then started crawling which to me indicates Jonathan had been hit by those first 4 bullets.

      Liked by 1 person

  8. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Defense is now asking about the cell phone recovered from the driver floorboard in Ferrell’s car.

    Elizabeth Leland ‏@elizabethleland
    People wonder why Ferrell didn’t use cell phone.

    Robin Kanady ‏@RobinFox46
    Defense shows picture of cellphone in floorboard of #Ferrell’s crashed car

    Chris Miller ‏@ChrisMillerWBT
    Sidebar after prosecution objected to defense questions over warrant for cell phone

    Chris Miller ‏@ChrisMillerWBT
    Defense reiterates Kerrick voluntarily went in for questioning only a few hours after the shooting

    Like

  9. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Prosecution objects to defense reading statement about Ferrell’s possible use of bath salts.

    The bath salts discussion took place between detectives and the medical examiner.

    Judge Ervin sends jury on recess, says “something has arisen” he needs to hear in their absence.

    Prosecution challenging as hearsay what’s in affidavit for Kerrick’s arrest

    Like

  10. yahtzeebutterfly

    >Amy Cowman ‏@amywccb
    Detective Morales reads email defense presents from Morales saying Ferrell walked aggressively towards officers

    Defense showing a series of still images @CMPD made from dash cam while questioning Det. Morales

    Chris Miller ‏@ChrisMillerWBT
    Defense attorney George Laughrun asks Detective Morales to point out Ferrell on individual frames from the dash cam video.

    Robin Kanady ‏@RobinFox46
    Defense trying to point out that there were no lights illuminating/shining in #ferrell’s face

    Defense also trying to point out that CMPD cars were clearing visible, that #ferrell knew police were responding

    Like

    • yahtzeebutterfly

      Chris Miller ‏@ChrisMillerWBT
      Laughrun: “Did you ever see him have his hands in the air?”
      Morales: “I did not.”

      Laughrun: “Did you ever see him shield his face from lights?”
      Morales: “I did not.”

      TWC News Charlotte ‏@TWCNewsCLT
      Defense using still pics of Ferrell from dash cam video. Morales: from photo, appears no light in Ferrell’s face.

      Elizabeth Leland ‏@elizabethleland
      Defense builds its case that Ferrell had to know he was dealing with police officers

      Like

      • there also appears to be NO light on his arms…….but there clearly is light on his shirt right beside his arms…..so the defense is saying he had no lights on his face or arms that they have headlights on their cars and a spotlight that is VERY narrowly directed, that is stops precisely where his clothing ends……of course a scientist would point out that the color “black” is that color because it absorbs all the light and reflects NONE back so you dont see any color……what ever colors we see are the ones NOT being absorbed by the thing being hit with light something blue is absorbing all the light spectrum except BLUE….same for all the other colors……that picture shows he was bathed in very BRIGHT lights and indeed they were shining into his FACE!

        Liked by 2 people

  11. yahtzeebutterfly

    The investigators’ recorded interview video with Kerrick showing his positioning can be found at this link:

    http://www.charlotteobserver.com/news/local/crime/article30595125.html

    The clip is 3 minutes 29 seconds

    Like

  12. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Laughrun hands Morales a tape measure and they measure ten feet.

    Kerrick said Ferrell was within ten feet when Kerrick began shooting

    Lunch break

    Like

  13. yahtzeebutterfly

    “Prayer for Peace rally remembers Jonathan Ferrell”

    Streamed live on Aug 10, 2015 by FOX 46 Charlotte
    Jonathan Ferrell’s mother Georgia and other family members call for #JusticeforJonathanFerrell outside the Charlotte courthouse where police officer Randall Kerrick is on trial for manslaughter.

    Jonathan’s mother and brother speak about Jonathan.

    Like

  14. yahtzeebutterfly

    Amy Cowman ‏@amywccb
    Back from lunch, defense continues to cross @CMPD Det Morales showing pics of Officer #WesKerrick uniform dirty in back after incident

    Defense shows picture of back of officer #Weskerrick after incident w #jonathanferrell, shows mud or dirt on uniform

    Like

  15. yahtzeebutterfly

    Elizabeth Leland ‏@elizabethleland
    Defense shows what Ferrell would have seen: “POLICE”

    Chris Miller ‏@ChrisMillerWBT
    In post-lunch cross-exam of Morales, defense zeros in on whether Ferrell’s cell phone was working. Morales says it was.

    After spending most of Friday and today on the stand, Morales has been excused.

    Testimony now shifts to police training

    CMPD Sgt. Ray Williams is the recruit training sergeant at the police academy

    Like

  16. yahtzeebutterfly

    From The Charlotte Observer:

    12:30 p.m.: Defense builds case that Ferrell saw police

    In a detailed cross-examination of a homicide detective, Kerrick’s defense attorneys built their point that Ferrell had to know he was dealing with police officers. (The prosecution has said that police did not identify themselves to Ferrell or issue any commands before firing at him with a Taser.)

    Using a frame-by-frame, second-by-second breakdown of the police dashcam video, defense attorney George Laughrun showed images of Ferrell walking toward police officers, his hands gradually moving up toward his hips.

    It appears as if he’s pulling up his pants or reaching for something, correct? Laughrun asked.

    Yes, agreed CMPD Detective Edwin Morales.

    Again and again, frame by frame, Laughrun asked whether there appear to be any lights shining into Ferrell’s face.

    Again and again, the detective agreed that there weren’t.

    An earlier witness suggested that Ferrell might have been blinded by lights from the patrol cars. Enhanced photographs from the dashcam video indicate there were no lights shining into Ferrell’s eyes until after he began to run.

    The defense has pointed out that the police cars were clearly marked.

    “Did you ever, ever – slow motion, full speed … – ever see him have his hands up in the air?” Laughrun asked.

    “No, sir, I did not,” Morales replied.

    Morales also confirmed that Kerrick’s semi-automatic handgun was submitted to the crime lab for testing. Kerrick had said he felt “a tug” on his gun. There has been no testimony about Ferrell’s DNA being found on the gun, but defense attorney Michael Greene said in his opening statement that it was.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article30595125.html#storylink=cpy

    Like

  17. yahtzeebutterfly

    From The Charlotte Observer:

    2:45 p.m. Prosecutor counters defense over what Ferrell could see

    With a last round of questions for a homicide detective, prosecutors countered the defense contention that Ferrell could clearly see police on the night he was shot.

    A witness testified last week that Ferrell might not have been able to see beyond the bright headlights and spotlights of the police cruisers. But earlier Monday, homicide detective Edwin Morales conceded in response to questions from the defense that there didn’t appear to be any lights shining on Ferrell’s face.

    Again showing jurors the photograph of Ferrell walking toward officers, prosecutor Adren Harris asked Morales about Ferrell’s complexion — dark — then took him through a series of quick questions.

    “Is the shirt illuminated?”

    “It appears to be.”

    “Are the pants illuminated?

    “They appear to be.”

    “… the rock?”

    “It appears to be.”

    “How about the speed bump?”

    “It appears to be.”

    “How about that part of the door?”

    “It appears to be.”

    “You said Jonathan Ferrell had a dark complexion, is that correct?”

    “Yes, sir.”

    Presumably, the implication was that Ferrell’s face was illuminated, too, but because he had a dark complexion his face didn’t appear to be illuminated in the photograph.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article30595125.html#storylink=cpy

    Liked by 1 person

  18. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Sgt. Williams details the use of force training sessions Kerrick had in ’12 and ’13.

    9 sessions in ’12, 4 sessions in ’13

    Williams reads CMPD policies for using use of force and Tasers

    Prosecutor clarifies the policies being discussed right now are for non-deadly use of force

    From the Charlotte Observer:

    3:45 p.m. What Kerrick did versus what he was trained to do

    Through testimony Monday, a prosecutor sought to juxtapose what Officer Randall “Wes” Kerrick did on the night of the shooting with what he was trained to do.

    Charlotte/Mecklenburg Police Department teaches officers to turn off a dash-cam video only after “the event ends,” according to a sergeant in the training academy. Kerrick told investigators he turned off his dash-cam before he arrived at the homeowner’s house.

    In a lengthy recitation, CMPD Sgt. C.R. Williams Jr. outlined the different training Kerrick received, specifically on “use of force.”

    Kerrick was certified by the state as a police officer in October 2011 after completing officer training school. He then trained one-on-one with a veteran officer for his first 14 weeks as a sworn officer, Williams said, and continued to receive training afterward.

    Teresa Postell, an assistant N.C. attorney general, had Williams read certain directives about force: Officers are taught to minimize their use of force, to control an aggressive person with a Taser and to resort to deadly force only when the officer reasonably believes the person poses a risk to his life, the lives of others or to the public.

    It will be up to jurors to determine whether Kerrick followed those directives.

    Like

  19. yahtzeebutterfly

    Elizabeth Leland of The Charlotte Observer has just posted the ” Full transcript of CMPD interview with Kerrick in 2013, a few hours after the shooting” :

    http://www.charlotteobserver.com/news/local/crime/article30622320.ece/BINARY/READ:%20Transcript%20of%202013%20CMPD%20interview%20with%20Officer%20Kerrick

    Like

  20. yahtzeebutterfly

    Coleen Harry WBTV ‏@ColeenHarryWBTV
    #KerrickTrial: CMPD Capt Mike Campagna on stand; he’s now the commander of Central Division @WBTV_News

    Capt Campagna has a Masters degree in Education: Training & Development;

    Capt Campagna worked in patrol, training, and investigations

    prosecutor still asking the Capt about specifics about his different roles

    courtney francisco ‏@cjfranciscowccb
    On the stand now: Capt. Mike Campagna. One of his duties has included assessing officers’ use of force during arrests

    Blake Hanson ‏@BlakeWSOC9
    Campagna has taught defensive tactics, now known as “subject control” since 1997.

    Chris Miller ‏@ChrisMillerWBT
    Campagna was involved in bringing Tasers to CMPD.

    Campagna also involved in updating use of force policies

    Coleen Harry WBTV ‏@ColeenHarryWBTV
    Capt says he worked on developing CMPD’s taser policy

    Capt says last 18yrs he’s been an instructor – classes include use of force

    Capt teaches classroom course on use of force

    Capt says definition of use of force is basically the effort to arrest someone; different levels of use of force

    Capt says in Kerrick shooting -he reviewed statements of officers on scene; homicide detectives. Defense objects

    sidebar discussion. Defense not happy with something

    Capt says he also reviewed 911 calls, radio transmissions, dashcam video and he visited scene

    Capt says he identified CMPD policies, training, Kerrick training – associated w/this case

    Prosecutor introduces Capt as an expert witness in use of force

    Capt says he reviewed Kerrick’s training records

    Capt telling jury there are 2 situations when officers can use non lethal force; 1 is prevent escape from custody

    Capt says ofrs can use deadly force to defend themselves or someone; stop someone who presents physical threat.

    Capt basically explaining when officers can/can’t use force or deadly force, and also firearms

    Capt says officers learn how to use pepper spray; gaining control of someone

    Capt explaining there are different levels of compliance & non compliance from people being arrested

    Capt says Officers have different options in continuum of compliance or non compliance

    Capt says officers can use hands to control person or pepper spray, taser;

    and the jury is being dismissed for the day; back Tue 9:30a.

    Court is done for the day

    Like

  21. Thank you for this YahtzeeB!

    Like

    • yahtzeebutterfly

      You’re welcome, Mindy.

      (I think it would have been more fair to Jonathan if this trial had been live streamed. In my opinion live streaming Kerrick’s trial would not have affected Kerrick’s chance to have a fair trial.)

      Liked by 1 person

  22. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Capt. Mike Campagna back on the stand.

    Campagna and prosecutor Theresa Postall reviewing use of force policy.

    Elizabeth Leland ‏@elizabethleland
    Campagna back on the stand, describing continuum of force

    Chris Miller ‏@ChrisMillerWBT
    Campagna: officers have choices of how to respond, don’t have to start at level one.

    Campagna: “Hopefully the force will reduce the level of resistance.”

    Verbal commands are part of the use of force decision

    One way of getting someone to comply is “soft empty hand” action targeting pain points

    “Hard empty hands” techniques, or fighting, are another response officers are taught

    Officers are taught how to maintain control of their weapon if someone is trying to take it out of their holster

    Postell: What are officers trained to do if an officer’s gun is drawn and a person is aggressive?

    Defense objects to line of questioning

    Judge Ervin steps in, asks if CMPD policy allows gun to be pointed at someone who is actively aggressive

    Ervin: is the officer authorized to discharge the firearm in that situation?

    Campagna: “The CMPD policies would not authorize an officer to discharge firearm” when facing active aggression.

    How about aggravated active aggression?
    Campagna says yes.

    Aggravated active aggression involves threat of death or serious injury

    Campagna: we train officers on how to get someone face down on the ground to limit movement

    One scenario officers face in training is a sensory overload.

    Recruits are put in dark room with flashing lights and loud music, and are confronted by suspects

    The trainees have to “work their way out of the situation.”

    Kerrick underwent simulated firearms training five weeks before the Ferrell shooting

    One aspect of training is techniques to prevent someone from taking an officer’s gun

    Postell: when an officer fires, could the weapon recoil hit the officer in the face? Defense objection overruled.

    Campagna says it’s possible

    Postell asks if officers are trained to react to someone with a knife, and if it’s pulled “at the last minute.” They are.

    Amy Cowman ‏@amywccb
    Capt. Campania w @CMPD demonstrating a taser to jury and explaining how it works

    Like

  23. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Campagna: if officers see an attack is going to happen, they are trained to prevent it from happening.

    Campagna reads Taser policy: can’t use it simply because a suspect is coming or the officer thinks they could be armed.

    Taser training includes what verbal warnings to give

    What are officers taught to do if the Taser misses?

    Defense objects to prosecutor asking if deadly force is allowed under policy if Taser misses

    Judge Ervin rephrases the question

    Campagna: “depends on why the Taser was deployed to begin with.”

    Like

  24. yahtzeebutterfly

    Cleve R. Wootson Jr. ‏@CleveWootson
    Prosecutor is making the point that officers have an array of options to subdue a subject before using deadly force.

    Campagna: If a taser is deployed during active aggression (threat of injury not death) CMPD policy doesn’t allow for firing a gun .

    strong>Amy Cowman ‏@amywccb
    Capt. Capagna talks excessive force for officers: “If officer has used taser 3xs w no result then use other options”

    https://pbs.twimg.com/media/CMIn3ulWIAAmFrs.jp

    Cleve R. Wootson Jr. ‏@CleveWootson
    #CMPD Capt. Mike Campagna demonstrates how officers draw their gun and the safety features of the holster.

    Like

  25. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Are officers taught to use lights on their cruisers to affect a suspect’s vision?

    Campagna: officers are trained that if they focus light on suspect, they’ll have difficulty seeing where the officer stands.

    We’re circling back to what was only teased yesterday: Campagna’s opinion on Kerrick’s actions

    Campagna: officers had reason to believe they were responding to a first-degree burglary

    Campagna: officers turning off blue lights on scene to mask their arrival was in line with training

    A slow-motion, enhanced version of dash cam video is being shown

    Like

  26. yahtzeebutterfly

    Continuing with Campagna on witness stand:

    Chris Miller ‏@ChrisMillerWBT
    Kerrick drawing firearm was consistent with training, based on what he was responding to

    Campagna: the decision to draw firearm because another officer drew Taser “not consistent with our policy.”

    Policy allows gun to be drawn if there’s potential for imminent threat, and officer can “articulate” reason for drawing

    Imminent threat must be real, not potential, for weapon to be discharged under policy

    Campagna: Taser appears to have been fired after Ferrell begins to run

    Campagna: Taser fired from a position behind Ferrell

    Snarky comment from defense attorney George Laughrun that the testimony is scripted. Judge Ervin tells jury to disregard that.

    You’ll recall one officer on scene said Ferrell began running when red dots were on him

    Campagna: Kerrick would have recognized at that point the Taser “was not effective.”

    Like

  27. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Back from recess and watching the dash cam video again

    Video picks up with Ferrell running off-screen, and Kerrick yelling “Get on the ground!” before the shots.

    Campagna: Kerrick should have used non-deadly force, Ferrell was showing “active aggression.”

    Officers are trained to bring weapon back toward their body when suspect is within reach

    Campagna: As things get more desperate, officers trained to get on ground, putting their body between gun and suspect.

    Campagna: “If someone is rapidly approaching me, I would pull my gun back to protect it.”

    Elizabeth Leland ‏@elizabethleland
    Campagna: Based on Ferrell’s actions, Kerrick should have used “non-deadly force”

    Liked by 1 person

  28. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Campagna: Kerrick should have reholstered gun, gone hand-to-hand with Ferrell

    Non-deadly force would have been the highest level of force Kerrick should have used

    Liked by 1 person

    • yahtzeebutterfly

      Cleve R. Wootson Jr. ‏@CleveWootson

      Campagna says shooting #JonathanFerrell was not consistent with #CMPD policy.

      Liked by 1 person

  29. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Kerrick’s defense begins cross-exam of Campagna #KerrickTrial

    With jury out of the room, both sides spar over a card CMPD gives out with advice on what to do when approached by police.

    Defense attorney George Laughrun: card says to stay calm, don’t run

    Prosecutor: card isn’t relevant, issue is law enforcement’s training and response to situation

    Like

  30. yahtzeebutterfly

    From The Charlotte Observer:

    12:00 p.m.: Expert says Kerrick should have used “non-deadly force”

    Based on Jonathan Ferrell’s actions, Officer Randall “Wes” Kerrick should have retaliated with non-deadly force, a police captain testified.

    “Was shooting Jonathan consistent with law enforcement training and CMPD policy?” prosecutor Teresa Postell asked Capt. Mike Campagna.

    “It was not,” Campagna replied.

    Campagna said Kerrick should have holstered his weapon because he was faced with “active aggression” — not “aggravated active aggression.” That would have freed up both of Kerrick’s hands to get Ferrell under control and allow Kerrick to his baton, pepper spray or Taser instead.

    Officers are taught to create distance between a person, Campagna said. “If someone is running straight at you, … we tell officers to make a 90-degree turn, left or right, to get off the train tracks is the term we use.”

    Kerrick told investigators Ferrell ran straight at him.

    Also this: “If someone was rapidly approaching me, I would want to pull my gun back to protect it,” Campagna said.

    Campagna said he based his conclusions on what the officers knew when they encountered Ferrell, their actions, Ferrell’s actions and how all that lined up with CMPD’s training and policy. Among things he considered was Ferrell’s hiking up his pants and suddenly moving toward Kerrick.

    Read more here: http://www.charlotteobserver.com/news/local/crime/article30687696.html#storylink=cpy

    Like

  31. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Back from lunch break and defense focuses on Kerrick’s mindset when he encountered Ferrell

    Defense attorney George Laughrun: “You don’t look at use force cases in 20/20 hindsight.”

    Laughrun: “You look at what did the officer know and when did he know it.”

    Laughrun references Watergate. I’m sure Judge Ervin’s family has heard of that case.

    Going back to gun recoil question, defense says it would have had to be at Kerrick’s cheek for that to be cause of his injury.

    Prosecution suggested earlier the recoil of Kerrick’s gun could have caused it

    Laughrun brings up again Ferrell’s ability to tell he’s facing police

    First trial I’ve covered that Shakira has been quoted

    Laughrun questions Campagna about “shrimping” technique for officers to extract themselves from a suspect

    Laughrun points out mud and dirt on Kerrick’s backside

    Laughrun is trying to use Campagna’s own words against him, citing deposition in Taser lawsuit

    Laughrun quotes Campagna as saying use of force is “a dynamic and ever-changing situation.”

    Applying Campagna’s past statements to situations at play in the Ferrell shooting

    Defense ends cross-exam asking Campagna who pays him. City, which settled civil lawsuit with Ferrell’s family.

    Prosecution redirect circles back to whether policy calls for drawing gun as backup to Taser, which Campagna says it isn’t

    Campagna: other officer should have handcuffs out, be prepared to put them on suspect after they’re hit by Taser

    Campagna: having lethal cover ready for Taser is authorized when deadly force is authorized

    Back to defense, Laughrun asks “it would be normal” for someone needing help to run at officers?” Campagna says it wouldn’t.

    The state rests

    Laughrun sets stage to ask Judge Ervin to dismiss the manslaughter case

    Laughrun: “Until today, the state provided no scintilla of evidence” Kerrick committed to manslaughter

    Laughrun: “There is not enough to send this case to the jury.”

    Laughrun: Campagna is the only witness who says Kerrick committed manslaughter

    As expected, motion to dismiss is denied. It’s standard move when prosecution rests.

    Judge Ervin says he assumes defense has evidence to present. Laughun: “Ya think?”

    Defense begins its case with Western Carolina University psychology professor Dr. David McCord

    Like

    • “Back to defense, Laughrun asks “it would be normal” for someone needing help to run at officers?” Campagna says it wouldn’t.”

      I don’t get that? why wouldn’t it be normal for someone needing help to run towards cops? that’s what I would’ve done if I was desperate?? is that a typo??
      well now that i’m seeing what cops are doing these days, I don’t believe i’d run towards them at all. maybe the question was meant in this situation, cuz they say they had their tazers on him & the red lights on his body and if Jonathan then saw them, it wouldn’t be normal to run towards them, it would be normal to run away from them??

      I don’t know that part confused me.

      Like

      • yahtzeebutterfly

        Shannon,

        I think the defense was being kinda tricky with that question. The defense did not acknowledge that initially Jonathan was walking towards the officers.

        Had the defense asked, “Would it be normal for someone needing help to walk towards officers, I think Campagna would have said “yes.”

        I think that Jonathan started his run to escape Ofc. Little’s laser which had been pointed at him and ran blindly into the dark area where Ofc. Kerrick was, not knowing that Ofc. Kerrick was there with his gun aimed at Jonathan.

        Liked by 1 person

      • Hey Shannon! Sadly, Jonathan is dead and cannot speak for himself, but thinking about his situation, and if I were in his shoes, I would have felt the need to run towards the police He was bleeding. Blood was found on the door to the house where he went looking for help. We have no idea what time passed from the time he crashed his car until he decided to kick out the back window to get out. We have no idea if he waited and if so, how long, before deciding to see if he could get help from someone at one of the houses down the road. He was possibly in pain, thirsty and disgusted. He no doubt felt that the faster he could get help, the better.

        Liked by 2 people

  32. yahtzeebutterfly

    Coleen Harry WBTV ‏@ColeenHarryWBTV
    #KerrickTrial: defense calling its 1st witness. Dr David McCord. A psychologist @WBTV_News

    Dr McCord is defense expert witness

    sounds like Dr McCord will talk about pre employment screening/fitness for duty for officers; he’s explaining it.

    Dr McCord says Kerrick’s cognitive abilities better than 70% of public.

    Judge tells Dr McCord to slow down while reading reports; gets a laugh from courtroom

    Dr McCord going over psychological profile of Kerrick; all high scores.

    prosecutor now questioning Dr McCord

    under cross examination by prosecutor, Dr McCord says he was never physically at CMPD; just looked over data.

    Dr says based on data Kerrick less likely to be bad news producer that other hires.

    Dr says he had 2 reports for Kerrick. He’s finished testifying

    Chris Miller ‏@ChrisMillerWBT
    McCord evaluated Kerrick and found him mentally fit to be a police officer

    On cross-exam, however, McCord says he didn’t actually interview Kerrick

    McCord: evaluation includes looking at likelihood candidate would be in the news for a bad reason

    McCord: low probability in what I saw that Kerrick would be one such officer

    Like

    • Sounds like the mental evaluations the defense just put on bolster the defense expert in video above who said, the second volley of shots could’ve been calculated.
      kerrick realized he effed up & calmly decided he’d better keep on shooting cuz it’s better to have a dead victim than an alive witness.
      that way the police can just make up any ol thing they want, say anything they want to blame the victim.

      Like

  33. yahtzeebutterfly

    Coleen Harry WBTV ‏@ColeenHarryWBTV
    #KerrickTrial: defense calling 2nd witness. Tracy Kirchhofer. She works for CMPD Animal Care & Control

    before Ofr Kerrick was a patrol Ofr, he worked for CMPD Animal Care/Control

    Kirchhofer did overview report of Kerrick when he was leaving Animal Control 2 go 2 patrol.

    Chris Miller ‏@ChrisMillerWBT
    Kirchhoffer reads evaluation of Kerrick, says he stayed late to make sure animal control wasn’t short-staffed

    No complaints about relationship with co-workers

    “Exceptional” grade for thinking clearly and handling situations well

    “Exceptional” grade for calm demeanor

    Overall she rated Kerrick as a good officer. She was said to see him leave animal control.

    Prosecution’s only question for Kirchhoffer was whether she was at the shooting scene

    She was not

    Another animal control supervisor, Mark Balestra, takes the stand

    Like

  34. yahtzeebutterfly

    Coleen Harry WBTV ‏@ColeenHarryWBTV
    Defense calling 3rd witness. Mark Balestra of CMPD Animal Care/Control 2nd in command @WBTV_News

    Balestra talking about performance appraisal. He reviews supervisor’s rating and reviews of employee.

    said he signed on Kerrick exceeding expectations as animal control Ofr. He’s now done testifying

    Like

  35. WOW! I slept the day away. A lot has happened in this trial today. I’ll catch-up. Thanks so much Yahtzee for reporting on it. Do I understand that the prosecution has now rested?

    Liked by 1 person

  36. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Sgt. Kenneth Jones from CMPD’s Hickory Grove Division testifies

    Kerrick worked for Jones “during his training and on third shift.”

    Jones going over Kerrick’s performance review
    “Officer Kerrick has demonstrated his ability to perform under stress.”

    Jones went to the shooting scene and to police headquarters “in a support role”

    Brody O’Connell WBTV ‏@BrodyOConnell
    Sgt. Jones: Kerrick complied with all policies of training and followed safety rules and regulations

    Like

  37. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT
    Another sergeant from the Hickory Grove Division, Robert McManus, begins testifying

    McManus’ evaluation of Kerrick: exceeds expectations, good character and job ethic

    “Generally uses a non-confrontational, non-aggressive” style of communication

    “Keep up the good work”

    “Exceeds” grade for maintaining calm demeanor, doesn’t overreact

    “He follows all safety procedures, adheres to all policies.”

    “He frequently volunteers to complete shift activities, work in teams.”

    Kerrick “becoming an effective investigator.”

    “He is developing into a well-rounded and complete officer.”

    Brody O’Connell WBTV ‏@BrodyOConnell
    Sgt. McManus noted in his review that Kerrick expresses himself well and uses “non-confrontational style,” has good judgment

    Elizabeth Leland ‏@elizabethleland
    Sergeant says Kerrick scored a “B” rating in his first year — an “exceeds” rating

    Chris Miller ‏@ChrisMillerWBT
    On prosecution cross-exam, McManus says officers can make mistakes, both junior and veteran officers

    Like

  38. yahtzeebutterfly

    Chris Miller ‏@ChrisMillerWBT

    Judge Ervin sends jury home to address an issue outside their presence

    The issue is testimony of another officer who went out on a call with Kerrick in February 2012

    The incident involved a misdemeanor, and Kerrick and the other officer both drew Tasers

    Afterward, a lieutenant told Kerrick and the officer that when one officer draws a Taser, the other “needs to be lethal.”

    The prosecution’s use of force expert said today that’s not CMPD policy

    Judge Ervin isn’t sure “the event” is relevant, “but what a senior officer” noted about training is.

    Judge wants to hear the officer’s testimony

    Officer C.T. Thompson, Jr., worked with Kerrick in Hickory Grove Division

    Thompson and Kerrick met with a lieutnenant “a few days after” the incident

    “We felt the subject was armed, possibly with a weapon. He would not show us his hands.”

    “We were told when someone is non-lethal, someone else needs to be lethal.”

    Both officers drew Tasers. They were instructed that one “should have had lethal, one should have had non-lethal.”

    Prosecution: “Isn’t it true that what you were told is that two Tasers should not be used in a deadly force situation?”

    Prosecutor calls this confusing and misleading

    Judge Ervin: “Isn’t this the equivalent of putting into evidence what the defendant was trained?”

    Ervin: “It has some bearing on what a reasonable officer might do.”

    (Note…I think they are still discussing this issue even though it has been 15 minutes since Chris Miller’s last tweet. I will let you know if there are more tweets from him today.)

    Liked by 1 person

    • yahtzeebutterfly

      5:15 p.m.: Past incident raises questions about Kerrick’s training

      Out of the jury’s presence, the judge reviewed evidence that after a 2012 incident Kerrick was told to draw his gun if another officer draws his Taser.

      Prosecutors sought to block the testimony as confusing and misleading. Though Judge Robert Ervin didn’t issue a ruling, his comments suggested that he would allow Kerrick’s fellow officers to testify about the incident.

      C.T. Thompson told the judge, after jurors went released for the day, that he and Kerrick responded to a suspicious vehicle call in 2012. They thought the suspect was armed. Both officers drew their Tasers.

      Afterward, a lieutenant counseled them that if one officer draws his Taser, the second officer should draw his gun.

      That contradicts earlier testimony from Capt. Mike Campagna who said CMPD does not teach officers to do that. Kerrick, however, told investigators a few hours after he shot and killed Jonathan Ferrell that he was trained to pull his gun if another officer pulled his Taser.

      Read more here: http://www.charlotteobserver.com/news/local/crime/article30687696.html#storylink=cpy

      Liked by 1 person

    • yahtzeebutterfly

      Your link doesn’t seem to be working.

      On another topic:

      Samuel Sinyangwe ‏@samswey 26m26 minutes ago
      CA Gov. Brown signed legislation today securing the right to film the police and abolishing grand juries re: police killings. Progress.

      Liked by 1 person

      • Hmmm. Maybe they are doing something on the server in because I’m now unable to access the WSOTV site directly.

        Like

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