Connect with us

Videos

No criminal charges against CMPD officer in deadly Burger King shooting of Danquirs Franklin

Published

on

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. 

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


Online Source For Dallas, Top News, and Culture

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Videos

Florida grandmother outraged after 6-year-old arrested for ‘tantrum’

Published

on

A Florida grandmother was shocked to find out her 6-year-old granddaughter had been arrested Thursday for throwing a tantrum.

Meralyn Kirkland says Kaia’s journey to the juvenile detention center by Orlando Police Officers began at Lucious and Emma Nixon Elementary charter school.

“What do you mean she was arrested, he said ‘there was an incident and she kicked somebody and she is being charged and she is on her way,’” Kirkland explained.

The disorienting chaos was too much for Kirkland to process.

“She has a medical condition that we are working on getting resolved and he says, ‘what medical condition, she has a sleep disorder, sleep apnea,’ and he says, ‘well I have sleep apnea and I don’t behave like that.”

First grader Kaia was handcuffed and carted off where Kirkland says she was fingerprinted and even had a mug shot taken.

“They told us we had to wait a few minutes because Kaia was being fingerprinted, and when she said finger printed it hit me like a ton of bricks,” Kirkland said. “No six year old child should be able to tell somebody that they had handcuffs on them and they were riding in the back of a police car and taken to a juvenile center to be fingerprinted, mug shot”

Kaia is happy to be back home.

News Source at WFLA

Continue Reading

Videos

Police in DeKalb County, Illinois tased and choked an unarmed black man unconscious

Published

on

New video surfaced Monday of officers in DeKalb, Illinois, choking and using a stun gun on man during an arrest near the campus of Northern Illinois University over the weekend.

The incident took place Saturday but the man’s girlfriend posted the cell phone video on social media Monday night, garnering hundreds of comments and shares.

The video is disturbing and it’s unclear what happened before the footage was shot. At least four officers can be seen attempting to arrest the man, later identified as Elonte McDowell.

McDowell can be heard asking his girlfriend Alyssa Retuerto, who posted the video on Facebook, to record the incident as one officer has him in a chokehold and two others attempt to handcuff him. A fourth officer, accompanied by a K-9, then steps closer and fires a stun gun. 

McDowell appears to briefly lose consciousness, with one officer then tapping his face and saying, “You’re okay, big boy. That’s a nice fake.”

That same officer then appears to tell Retuerto, “Back up and don’t impede in my investigation,” as another approaches to shepherd her away from McDowell, asking, “Do you not understand that I have a dog in my hand and he will bite you?”

In a phone interview with NBC News, McDowell said he was pulled over by Lincoln Towers off Lincoln Highway near the NIU campus and officers asked him to step out of the car but did not tell him why. McDowell said he got out of the car but when he questioned the officers, they attempted to put him in handcuffs and he somehow fell to the ground where the officers began to choke him.

DeKalb County Sheriff Roger Scott said in an emailed statement, “The defendant in the video you provided was charged with felony drug offenses and resisting arrest by DeKalb City Police this past Saturday. The officer who activated the taser was a Deputy from our office who was assisting DeKalb City Police.”

“The defendant in this case was processed by DeKalb City Police and transported to the County Jail in Sycamore. He was released on bond the following day,” Scott’s statement continued.

The DeKalb Police Department did not immediately respond to request for comment. 

McDowell admitted to NBC News that he had marijuana in his vehicle, but he and Retuerto said they both questioned the way in which he was arrested and wanted answers.

An Illinois law signed in 2015 prohibits officers from using chokeholds in performing their duties “unless deadly force is justified.”

The law states that a chokehold is defined as the application of “direct pressure to the throat, windpipe, or airway of another with the intent to reduce or prevent the intake of air,” according to Illinois code, but does not include “contact with the neck that is not intended to reduce the intake of air.”

It’s not clear what the intent was of the officer in the video seen with his arm around McDowell’s neck. 

News Source at NBC Chicago

Continue Reading

Videos

Colorado Springs police shooting of De’Von Bailey; Father demands justice

Published

on

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

Continue Reading



Follow Us

Trending