According to WCNC Wende Kerl, the Charlotte-Mecklenburg Police officer who shot and killed a man outside a Burger King in north Charlotte in March, will not face charges in connection with the shooting, the District Attorney announced Wednesday. 

District Attorney Spencer Merriweather released the findings of his department’s investigation into the shooting and said the state “could not prove to a jury that Officer Kerl’s perception that the presence, motion, and position of the gun posed an imminent threat to her, Officer Deal, and T.G. was unreasonable beyond a reasonable doubt.”

Kerl shot Danquirs Franklin outside the Burger King on Beatties Ford Road on March 25. Kerl ordered Franklin to drop his weapon multiple times before opening fire when she perceived a threat. CMPD released the body camera footage to the public in April amid mounting pressure from the Charlotte community. 

BREAKING: @CharMeckDA determines “State could not prove to a unanimous jury beyond a reasonable doubt that Officer Kerl’s belief that she faced an imminent threat of death of great bodily harm was unreasonable.” No charges in death of Danquirs Franklin. https://t.co/YQ2nDfTGf0

— Nathan Morabito (@NateMorabito) August 14, 2019

D.A. Merriweather wrote the following in his findings: 

“Regardless of the direction the firearm was actually pointing, the law affords an officer the right to protect his life and the lives of others by acting on her reasonable perception of the threat confronting her. The decedent did not have a criminal record of violence, but Officer Kerl, responding to two calls regarding a subject brandishing a gun, did not know that information.

The law did not require Officer Kerl to wait until the firearm was pointed at her before defending herself. If an officer responding to an active crime scene waits until a firearm is pointed at her before engaging, it will likely leave that officer with no time to successfully stop a potentially deadly attack on herself or others, even if the officer is pointing her gun at an armed assailant at the time. Therefore, it can be lawful for an officer to take lethal action before it is too late to repel a deadly attack.

Specifically, reaction-time studies dealing with police shootings have concluded that an armed person is an extreme danger to an officer whether or not the person is pointing the gun at the officer.93 One study’s results showed that “even well-trained officers, who are operating in nearly ideal circumstances, with their guns aimed at a suspect, cannot reasonably be expected to shoot before the suspect raises his or her gun and fires.”94

Given the circumstances present, combined with speed with which the events unfolded, the State could not prove to a jury that Officer Kerl’s perception that the presence, motion, and position of the gun posed an imminent threat to her, Officer Deal, and T.G. was unreasonable beyond a reasonable doubt.”

Click here to read the full District Attorney report

It is unclear if CMPD will take any action against Officer Kerl or other responding officers. The department has not released any details of their internal investigation. Kerl has been with CMPD for 24 years, and according to the D.A.’s report, has never fired at a suspect. 

“Having had time to reflect, she still believed the suspect posed an imminent threat and she believed she made the right decision,” Merriweather wrote.

CMPD Chief Kerr Putney issued this statement: 

“The District Attorney reviewed all of the evidence, statements and information that was gathered during the case before making his determination. We respect his work and the effort he and his team committed to objectively reviewing the case. Mr. Franklin’s death is tragic, regardless of the circumstances. We ask the community to continue to keep his family and the family of Officer Kerl in their thoughts and prayers. All of their lives have been changed as a result of the shooting.”

News Source WCNC

The father of a 19-year-old man shot and killed by Colorado Springs policelast week says a surveillance video clearly shows his son was shot in the back while running, and he wants justice.

De’Von Bailey, 19, was shot by at least one Colorado Springs police officer Saturday in the 2400 block of East Fountain Boulevard when police were responding to a report of a personal robbery, the El Paso County Sheriff’s Office said Sunday. The person who reported being robbed identified two suspects, and one of the suspects — Bailey — allegedly reached for a gun before police shot him, according to the sheriff’s office. Police said they recovered a gun at the scene.

Bailey was transported to a hospital, where police said he later died of his injuries. The two Colorado Springs police officers involved in the shooting, who have not been publicly identified, are on administrative leave, per protocol.

The shooting of the black man by white police officers has spurred protests in Colorado Springs, and on Monday two bail bondsmen were arrested after they were accused of drawing guns during a fight with protesters, according to The Associated Press.

In the video, a black man can be seen running away from two officers and then falling to the ground. The officers who are chasing him have their guns drawn. Bailey does not appear to be holding anything in his hands.

Bailey is sitting up at first, and then officers roll him over on the ground and appear to handcuff him. A third officer then runs toward them. As other first responders arrive and appear to render aid, people from the apartment complex pass by and watch the incident.

Greg Bailey believes his son didn’t have a gun on him. “How can you hold a pistol in basketball shorts?” he asked.

Even if he did, Bailey said he’s “1,000 percent” sure that his son didn’t reach for it. “Who would, in their right mind, reach for their firearm when they’re outnumbered anyway?” he asked.

The issue isn’t even about a white cop killing a black man, Bailey said.

“It’s about right and wrong,” he said. “These are the people who are supposed to protect us. In no way, shape or form did they have to shoot him in his back.”

Bailey wants justice, he said, although he’s not sure what that means.

“You can’t bring back my son,” he said. “I don’t know what justice would look like to me because that cop will never feel what I feel.”

He called the young man his “mini-me.”

“He cared about everybody,” Bailey said. “He was very giving. He liked to laugh. He was goofy.”

Read More Here at Denver Post

TALLADEGA, Ala. (WAFF) – Our sister station, WBRC is reporting that an off-duty Lincoln police officer shot and killed an Alabama A&M student in Talladega on Tuesday afternoon.

The off-duty officer was also shot during that incident, however Lincoln Mayor Lew Watson said the officer will be okay.

Authorities identified the victim as 19-year-old Javaon Ousley. Ousley was shot at a basketball court behind Knoxville Homes around 2 p.m. Details on what led to the shooting have not been released.

Ousley’s mother says her son went to settle a sale from Facebook Marketplace, but has no idea what happened next.

“It’s just another young life lost, and we just want to know what happened,” said his grandmother, Janicde Ousley.

“It was his second year in college. He loved the football, and real athletic. He was a nice young man. Like I say, he was looking forward to going to his second year, going back to college in Huntsville,” said his grandfather, Willie Ousley.

Family members say Ousley was going to turn 20 next week and was about to head back to school at Alabama A&M University.

A friend says he had been working at Honda Manufacturing over the summer.

It’s not known yet why the Lincoln officer was in Talladega at the time.