For the second time, the preliminary court hearing for a Charlotte-Mecklenburg police officer charged in the September shooting death of an unarmed man has been delayed so state prosecutors can prepare their case.
Officer Randall Kerrick’s “probable
cause” hearing originally was set for early October. It was rescheduled to this
week to give the state attorney general’s office more time to review the
evidence.
Now, Kerrick’s hearing has been
delayed for two more months, to Feb. 11. Again, the hold-up has to do with
evidence.
Kerrick has been charged with
voluntary manslaughter in the Sept. 14 death of Jonathon Ferrell, a former
college football player. Police say Kerrick fired 12 shots at the unarmed
Ferrell, hitting him 10 times.
Mecklenburg County Deputy District
Attorney Bart Menser, who represented the attorney general’s office at a brief
hearing Tuesday at the county courthouse, said state prosecutors are awaiting
forensic reports. District Attorney Andrew Murray asked the attorney general to
handle the prosecution because he and Kerrick’s defense team are former law
partners.
The case is now in the hands of
senior Deputy Attorney General James Coman, who heads the attorney general’s
special prosecution division. The team handles cases at the request of district
attorneys, often involving charges against law enforcement officers or other
public officials.
Noelle Talley, a spokeswoman for the
attorney general’s office, confirmed Tuesday that state prosecutors are
awaiting forensic test results and other evidence connected to the Kerrick
case. She said the forensic testing is taking place at an out-of-state
location.
In a preliminary hearing,
prosecutors outline their evidence, leaving a judge to decide if they have a
strong enough case to take to trial. Those hearings normally occur within a few
weeks of an arrest.
Kerrick was charged Sept. 15, and
the delays mean his preliminary hearing now is scheduled to take place almost
five months after he was charged.
George Laughrun, Kerrick’s lead
attorney, agreed to the delay. Before Tuesday’s hearing he declined to discuss
his case or make Kerrick available for questions. Laughrun estimated that if
his client stands trial, it would be late next year or early 2015.
Kerrick was jailed less than 24
hours after Ferrell’s death in the Reedy Creek neighborhood of northeast
Mecklenburg.
Ferrell, 24, had given a co-worker a
ride home that night, then wrecked his car. A woman in a house nearby called
911, saying that an unknown man was pounding on her door. Ferrell was shot
after he approached three officers who responded to the call.
Kerrick, the least-experienced
officer on the scene, fired a dozen shots, all from close range. He is the
first Charlotte officer charged in an on-duty shooting in at least 30 years.
Laughrun, a former assistant district attorney, has called the shooting “justified.”
The death of an unarmed black man at
the hands of a white police officer drew national headlines. Ferrell’s family
has repeatedly called for the release of the “dash-cam” video, which shows in
part how the confrontation between Ferrell and police unfolded.
Under an order by a Mecklenburg
judge, Coman now controls the video and has not released it to the public or
the family.
The family’s attorney, Chris
Chestnut, described the delays in Kerrick’s prosecution as disturbing but said
the Ferrells hope for a thorough state investigation.
“We’ll just keep praying that
they’ll do their jobs,” he said.
He added that he expects to file a
civil lawsuit for the family over Ferrell’s death sometime around “the first of
the year.”
Experienced prosecutor
Coman, with more than 30 years as a
North Carolina prosecutor, is best known for his 2007 investigation into the
prosecution of the Duke lacrosse scandal that led to all charges being dropped
against team members.
His unit has handled numerous cases
against police officers, including an ongoing probe of corruption charges
against a New Hanover County sheriff’s lieutenant.
Coman’s team also is prosecuting
High Point Mayor Bernita Sims on charges of writing a worthless check, and has
prosecuted criminal charges against district attorneys, sheriffs and other
high-profile targets. This year, the group also negotiated a $400,000 payout to
employees of a company after the former CEO dropped their health insurance
without notice.
Coman himself has prosecuted more than
250 jury trials, focusing on public corruption, murder, sexual assault and
white-collar crime.
Kerrick remains suspended without
pay. The state Fraternal Order of Police is paying his legal costs.
Charlotte-Mecklenburg FOP spokesman Randy Hagler said the group is satisfied
with Kerrick’s defense.
“We feel strongly that the officer
deserves the best representation available and we feel that with Mr. Laughrun’s
law firm, that’s what he’s getting,” Hagler said.
