WELL, SHOOT... JUST SHOOT

[Maggot]

IDK we see a lot of it in the media today and that sells. bottom line is don't run or become belligerent or do furtive movement that might make them fear for their own life.
Save that for the judge and jury. There are many cops that do a ton of good, and I'm not a big fan of laws but I know enough to keep 2 hands on the steering wheel when I get pulled over.
If this keeps up and cops feel that they will be persecuted for doing their job, they will not risk their livelihood for some punk that is stealing bubble gum from the corner store. Just look at Baltimore, the cops say that's just not so but they will not risk anything anymore. Its just not worth it.

[HairOfTheDog]

Did Officer Kerrick panic and use unjustifiable force, or was Ferrell attacking Kerrick?

I like jury duty, but having read the trial testimony recaps and the docs tonight, I would not want to be on this jury. I think it's gonna be a tough deliberation process.

Here's the autopsy report:
http://ftpcontent4.worldnow.com/wbtv/FerrellAutopsy.pdf

Here's Officer Kerrick's police statement/interview transcript from immediately after the shooting:
http://www.charlotteobserver.com/news/lo...%20Kerrick

Here's a trial recap:
http://www.charlotteobserver.com/news/lo...95125.html

[HairOfTheDog]

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.

[HairOfTheDog]

Jonathan Ferrel Murder Trial -- Officer Kerrick Testifies

The two other responding officers have backed Kerrick's version of events during testimony.


Today, ^ Randall Kerrick is testifying in his own defense.

The officer who fired the taser at Ferrell, Officer Little, said he told Ferrell to stop pacing and yelling before he tried to tase him and missed.

Little and Kerrick both claimed on the stand that Kerrick pulled his gun when Little pulled his taser (Little says he's never fired a taser on the job before). Kerrick said that's according to what he was told to do by a senior officer in use of force cases.

Both officers testified that when the taser missed, Kerrick told Ferrell to get on the ground and Ferrell charged at Kerrick, who began backpedaling and shooting.

Kerrick says he was afraid he was going to die because he couldn't stop Ferrell, who had also yelled at the officers "Shoot Me, Shoot Me" and was "acting like he was on drugs or something".

Kerrick thought he had fired 6 - 8 times, but he acutally unloaded all 12 rounds, 10 of them hit Ferrell.

Kerrick acknowledged turning off his dashcam when he arrived on the scene; I didn't see where he explained why but I'd like to know.

The third officer's dash cam, Officer Neal's, is the one that caught part of the incident. It doesn't show Ferrell pacing around or acting erratically as Little and Kerrick claim.

There is also no recording of Ferrell shouting anything and no recording of the officers commanding Ferrell to stop or get on the ground before the gunfire rings out. The officers contend that the microphone was worn by Officer Neal who was still in his vehicle when they yelled the commands.

Sure would have been helpful to have body cams on all the officers, or even more than just one dash cam rolling.

Trial testimony and recap: http://www.charlotteobserver.com/news/lo...87669.html

[Duchess]

There sure are a lot of fearful cops wearing a badge these days.

[HairOfTheDog]

There sure are a lot of fearful cops wearing a badge these days.

Yeah. I don't envy the jurors who have to decide whether Officer Kerrick's response to that fear was reasonable or excessive. The jury started deliberating late yesterday in the manslaughter case.

Almost immediately after beginning their deliberations, the jury asked the judge for a precise definition of voluntary manslaughter.

Judge Robert Ervin brought the jury into the courtroom and read them the part of the jury instruction that includes the definition. Kerrick is not disputing whether he intentionally pulled the trigger, so for jurors, the question that matters most is whether the officer’s response was excessive.

At the defense’s urging, Ervin also instructed jurors that they could take into account Kerrick’s character traits in his application to become a police officer.

This is the gist of the prosecution's closing argument.
-Prosecutor Postell says jurors need to decide what a reasonable police officer would do in Kerrick’s situation.

-She said Kerrick had a variety of other options – less-than-lethal weapons like a Taser and a baton and the ability to use his hands and feet to fight.

-She laid the weapons on the table for jurors and had two CMPD detectives stand up to demonstrate.

-“It was the defendant and all this and two other officers. ... Neither one of those other two officers even unholstered their firearm,” Postell said. “What would a reasonable person do? Go hands on.”

-She showed an image of Kerrick’s injuries and a picture of Ferrell’s autopsy photo. “This is what he did to Jonathan,” she said. “That’s excessive force.”

http://www.charlotteobserver.com/news/lo...rylink=cpy

[Blindgreed1]

There sure are a lot of fearful cops wearing a badge these days.

http://tucson.com/news/blogs/police-beat...61c1d.html

[HairOfTheDog]

JURY DEADLOCKED

The jury has deadlocked in three different votes.

There is no disagreement on two key elements of voluntary manslaughter: Officer Kerrick intentionally fired his gun and his gunshots caused Jonathan Ferrell’s death. That leaves the third element for the jury to decide: Were Kerrick’s actions acceptable for self-defense, or did he use more force than was needed to protect himself?

The judge ordered them to try again after lunch.

If the jury hangs, the prosecution will need to decide whether to try Kerrick again or not.

Read more here: http://www.charlotteobserver.com/news/lo...rylink=cpy

[Duchess]

There sure are a lot of fearful cops wearing a badge these days.

http://tucson.com/news/blogs/police-beat...61c1d.html

I read the story. What does it have to do with my opinion of there being a lot of fearful cops wearing a badge? I don't see a correlation.

[HairOfTheDog]

MISTRIAL IN JONATHAN FERREL MANSLAUGHTER CASE



Judge Robert C. Ervin brought the jury of eight women and four men back into the courtroom shortly after 4 p.m., and the foreman said he saw no possibility of a verdict in the case against Officer Randall Kerrick, who was charged with manslaughter in the fatal shooting of Jonathan Ferrell.

“Honestly no,” the foreman said when asked if there was a chance of resolving the deadlock. “We have exhausted every possibility short of calling in the paramedics,” an apparent reference to the intensity of the discussions.

Deputy Attorney General Arden Harris told reporters afterward that prosecutors would consider their options regarding a second trial. He offered condolences to the Ferrell family.

The jury foreman had told Judge Ervin earlier in the day that the panel was making progress, only to return, fresh from its third 8-4 vote, to report that it was giving up. That was the fourth vote overall; the first, just after arguments ended Tuesday, was 7 to 5. It is not known which way the jury was leaning.

Full story: http://www.nytimes.com/2015/08/22/us/cha....html?_r=0

[HairOfTheDog]

^ FOLLOW UP: CASE CLOSED

State prosecutors announced yesterday that they won't retry a white police officer who fatally shot an unarmed black man, saying the jurors' comments after the mistrial helped convince them they cannot get a conviction.

The jury deadlocked 8-4 last week in favor of acquitting Charlotte-Mecklenburg Officer Randall Kerrick, leading the judge to declare a mistrial. Kerrick was charged with voluntary manslaughter in the September 2013 death of Jonathan Ferrell, a former college football player.

"In consideration of the jurors' comments, the evidence available to the state, and our background in criminal trials, it is our prosecutors' unanimous belief a retrial will not yield a different result," Senior Deputy Attorney General Robert Montgomery told the Mecklenburg County district attorney.

Full story: http://www.cbsnews.com/news/prosecutors-...-carolina/

[HairOfTheDog]

DING DONG DITCH...BANG!


^ 14-year-old Cole Peyton of Pryor, Oklahoma is a high school honor roll student, football player, and wrestler.

He and two of his knucklehead friends decided to play Ding Dong Ditch to ring in the New Year.

Until.......one homeowner came out of his house and shot at them. The man shot Cole in the back, penetrating his liver. Cole underwent surgery and survived, fortunately.

The case has since been handed over to the district attorney who is determining whether the shooting was justified (because the kids were 'trespassing').

'The investigation now centers around whether the homeowner's use of deadly force was lawful or illegal. No arrests have been made at this point according to Chief of Police Steven W Lemmings. Seriously.

Police had responded to the scene for a home invasion around 1.30am on Friday. Authorities said the three boys did not attempt to break into the home and that the investigation suggests they were engaging in pranks.

'Currently, the investigation suggests that the juveniles were engaged in neighborhood pranks and not attempting to break into the residence,' Lemmings said.

Read more: http://www.dailymail.co.uk/news/article-...z3w95RA9En
----------------------------

A man exits his home and shoots a non-violent kid in the back and it's still possible that the shooting was justified (under the state law, at least). Strange days...

[HairOfTheDog]

^ Follow-up:
Derek Morgan is the man who shot his neighbor, 14-year-old Cole Peyton.


^ Morgan has been been charged with assault and battery with a deadly weapon. Good.

He told 911 he thought one of the kids outside his house might have a weapon, so he shot at them.

They had no weapons. They were playing Ding Dong Ditch as a New Year's prank is all. Morgan never saw a weapon and knew he was shooting at kids; kids who were not coming at him or threatening him. Asshole.

Cole made a call to 911 right after he was shot. On the 911 call, he can be heard asking Morgan, "Sir, why did you shoot me? I wasn't trying to break into your house. Where did my friends go? Did you shoot them?"

Story and 911 calls: http://www.cbsnews.com/news/911-calls-re...-shooting/

[Duchess]

His gun made him feel bigger & braver than 5'6".

[HairOfTheDog]

Cincinnati

The father of a 14-year-old boy thought his son was at school, but the teen had returned home. When dad heard a noise in the basement at 6:30 a.m. this morning, he got his gun, went down into the basement, and shot his son in the neck - apparently thinking he was shooting at an intruder. The boy died. No names have yet been released.
Story: http://www.cincinnati.com/story/news/201.../78672506/

I have no problem with people having guns in their homes for self-defense. But, that doesn't mean fear alleviates them from being responsible in using those guns.

Going outside to shoot at kids playing ding dong ditch when you're not being threatened, no assessment of the situation or questions asked first... Shooting into the basement when you hear a noise instead of calling 911, or calling out "who's there?!" first... Not responsible gun ownership and definitely not self-defense.

[Maggot]

I cannot think of any hell worse than shooting your own child that you have raised for 14 years.

[HairOfTheDog]

Exactly, killing your own kid in your own home because you were irresponsible with your gun has got to be almost unbearable for a decent parent.

Entirely preventable, and possibly criminal, taking of a life.

[Donovan]

Stupid shit tends to happen when guns are around. Like shooting innocent family members or occupying remote bird sanctuaries.

[Midwest Spy]

Exactly, killing your own kid in your own home because you were irresponsible with your gun has got to be almost unbearable for a decent parent.

Entirely preventable, and possibly criminal, taking of a life.

Why wouldn't he call out? I mean, he has the gun in his hands if it does happen to be an intruder, but, if it's NOT an intruder, at least that person has a chance to identify themselves.

What a moron.

[HairOfTheDog]

Why wouldn't he call out? I mean, he has the gun in his hands if it does happen to be an intruder, but, if it's NOT an intruder, at least that person has a chance to identify themselves.

What a moron.

The story has just been updated. http://www.cincinnati.com/story/news/201.../78672506/


The deceased 14-year-old victim is ^ Georta Mack. RIP.

According to the latest report, Georta's dad dropped the boy off at the bus stop and then dad drove back home.

Georta decided to skip school and sneaked back into the house, hiding in the basement.

When dad armed himself and went to check out the noise in the basement, he was startled and proceeded to just shoot.

So far, there's no indication that dad called out. But, maybe he did and the kid didn't answer? I don't know.

In any case, dad had the option of simply walking outside and calling 911 when he heard the noise; his life was not in danger. He instead chose to shoot at a target he could not see, so now his son is dead.