08-11-2015, 02:06 AM
Here's why I think this is gonna be a tough call for the jury:
1. Kerrick turned off his lights before arriving on the scene; says he didn't want to spook the B&E suspect and cause him to run.
2. Kerrick turned off his dashcam when arriving on the scene (he got there first, alone, and while searching with his spotlight, he heard what turned out to be Ferrell in the dark moaning but couldn't see who it was). It's not clear why he turned off his dashcam. The partial dashcam of the shooting is from another officer's vehicle and doesn't capture the actual shooting.
3. Kerrick says he pulled his gun not because Ferrell was doing anything threatening, but because he saw another officer's taser lights hit Ferrell's chest. The other officer had gone over to check where the moaning was coming from and Kerrick was right behind him. Kerrick stated that, since tasers aren't lethal, he pulled lethal force in case it was needed. Whether that's according to training/protocol is now being addressed at trial.
4. Kerrick says he yelled commands at Ferrell and Ferrell had weird eyes and then fixated on him. There's no indication in his statement that police ever identified themselves and it's disputed as to whether Ferrell would have been able to see clearly with spotlights now on him and such.
5. Kerrick says he figured Ferrell could have a gun or a knife and Ferrell was coming at him. He shot at him and says Ferrell just kept coming after him, nothing fazed him. He says Ferrell was on top him and tugged at his gun. He says Ferrell hit him in the face. All of this after Ferrell had already been hit multiple times.
8. Kerrick admitted that he did not attempt to ascertain Ferrell's condition, talk to him, or restrain him before shooting; he says in his statement that it happened too fast. There were two others officers at the scene.
9. The defense says Ferrell's DNA is all over Kerrick's uniform because Ferrell was attacking Kerrick. The prosecution says Ferrell's DNA is all over Kerrick's uniform because Kerrick shot Ferrell 10 times and Ferrell fell on Kerrick.
10. The prosecution says Kerrick panicked and used unjustified force. The defense says Kerrick was in fear for his life and seems to be insinuating that Ferrell was acting strangely and had mad powers because he could have been on bath salts or something.
11. The autopsy shows that Ferrell had undigested food, below the legal blood alcohol limit (the server at the restaurant said he had 2 beers), nicotine, and caffeine in his system. No traces of the common illegal drugs, but the friend he drove home said they passed a joint between them (he doesn't know if Ferrell actually inhaled or not though because Ferrell was driving).
However, there's a disclaimer line in the tox section of the autopsy report which states, essentially, that not every drug under the sun was tested for.
So, it's not clear to me if the defense is building a narrative around that (probably standard) tox disclaimer statement, or if it's really possible that Ferrell was on some mind altering drug. The autopsy shows he had a gash on his head and other injuries consistent with an auto accident, but that the cranial below the surface appeared normal.
11. One of the officers on the scene has testified and appears to be backing Kerrick's account. I don't think the other officer has been called yet, but I'm not sure. The officer who testified at trial admitted that he didn't pull his gun on Ferrell because he was ready to use hand combat instead, if necessary.
12. In opening statements, the defense said Ferrell's DNA was on Kerrick's gun. That hasn't been validated by the forensics experts though (at least not at the trial thus far). Even if that's true, if Ferrell fell onto Kerrick, he presumably would have touched the gun Kerrick was holding or firing.
13. Ferrell had an argument with his fiancee about his future earlier that day. He didn't have a criminal record, was holding down two jobs, and was attending college.
1. Kerrick turned off his lights before arriving on the scene; says he didn't want to spook the B&E suspect and cause him to run.
2. Kerrick turned off his dashcam when arriving on the scene (he got there first, alone, and while searching with his spotlight, he heard what turned out to be Ferrell in the dark moaning but couldn't see who it was). It's not clear why he turned off his dashcam. The partial dashcam of the shooting is from another officer's vehicle and doesn't capture the actual shooting.
3. Kerrick says he pulled his gun not because Ferrell was doing anything threatening, but because he saw another officer's taser lights hit Ferrell's chest. The other officer had gone over to check where the moaning was coming from and Kerrick was right behind him. Kerrick stated that, since tasers aren't lethal, he pulled lethal force in case it was needed. Whether that's according to training/protocol is now being addressed at trial.
4. Kerrick says he yelled commands at Ferrell and Ferrell had weird eyes and then fixated on him. There's no indication in his statement that police ever identified themselves and it's disputed as to whether Ferrell would have been able to see clearly with spotlights now on him and such.
5. Kerrick says he figured Ferrell could have a gun or a knife and Ferrell was coming at him. He shot at him and says Ferrell just kept coming after him, nothing fazed him. He says Ferrell was on top him and tugged at his gun. He says Ferrell hit him in the face. All of this after Ferrell had already been hit multiple times.
8. Kerrick admitted that he did not attempt to ascertain Ferrell's condition, talk to him, or restrain him before shooting; he says in his statement that it happened too fast. There were two others officers at the scene.
9. The defense says Ferrell's DNA is all over Kerrick's uniform because Ferrell was attacking Kerrick. The prosecution says Ferrell's DNA is all over Kerrick's uniform because Kerrick shot Ferrell 10 times and Ferrell fell on Kerrick.
10. The prosecution says Kerrick panicked and used unjustified force. The defense says Kerrick was in fear for his life and seems to be insinuating that Ferrell was acting strangely and had mad powers because he could have been on bath salts or something.
11. The autopsy shows that Ferrell had undigested food, below the legal blood alcohol limit (the server at the restaurant said he had 2 beers), nicotine, and caffeine in his system. No traces of the common illegal drugs, but the friend he drove home said they passed a joint between them (he doesn't know if Ferrell actually inhaled or not though because Ferrell was driving).
However, there's a disclaimer line in the tox section of the autopsy report which states, essentially, that not every drug under the sun was tested for.
So, it's not clear to me if the defense is building a narrative around that (probably standard) tox disclaimer statement, or if it's really possible that Ferrell was on some mind altering drug. The autopsy shows he had a gash on his head and other injuries consistent with an auto accident, but that the cranial below the surface appeared normal.
11. One of the officers on the scene has testified and appears to be backing Kerrick's account. I don't think the other officer has been called yet, but I'm not sure. The officer who testified at trial admitted that he didn't pull his gun on Ferrell because he was ready to use hand combat instead, if necessary.
12. In opening statements, the defense said Ferrell's DNA was on Kerrick's gun. That hasn't been validated by the forensics experts though (at least not at the trial thus far). Even if that's true, if Ferrell fell onto Kerrick, he presumably would have touched the gun Kerrick was holding or firing.
13. Ferrell had an argument with his fiancee about his future earlier that day. He didn't have a criminal record, was holding down two jobs, and was attending college.