Charlotte-Mecklenburg police officer Randall Kerrick’s defense team was attempting to play the video of an interview of Officer Adam Neal, who was one of the three officers on the scene as Jonathan Ferrell was shot to death in September 2013 as police responded to a breaking and entering call.
That leaves closing arguments and Superior Court Judge Robert Ervin’s jury instructions.
Closing arguments will begin at 9 a.m. Assistant Attorney General Teresa Postell will make the prosecution’s final presentation after that.
A jury that appears to be racially diverse, with eight women and four men, will decide Kerrick’s fate.
Ward said the key piece of evidence for the prosecution is the dashcam video and “watching in three and a half seconds from the time Jonathan Ferrell started moving towards the officers until you heard the final shots – that is extremely, extremely quick”.
Two years ago, Kerrick and other responding officers had identified Ferrell as a possible burglary suspect after a woman called 911 overnight to report a stranger was banging on her door and trying to kick it in.
Though the incident took place before controversial police shootings of unarmed African-Americans in Ferguson, Mo., Baltimore and Cleveland, the Kerrick case has unfolded against the backdrop of a nationwide debate over police use of deadly force.
Ferrell, a former football player at Florida A&M University, was living in Charlotte with his fiancée. The legal limit in North Carolina is.08. She testified that Kerrick’s DNA was found under the fingernails of Ferrell’s left hand and that Ferrell’s DNA was discovered on Kerrick’s handgun.
Ferrell, 24, wrecked his vehicle that morning, and he had gone to a nearby house and banged on the door, apparently for help.
Last Tuesday Campagna testified that Kerrick exceeded his authority when he shot Ferrell 10 times. His testimony directly contradicted what the state’s use of force expert testified to last week, because Coultier said given the situation, Kerrick was justified when he drew his gun and shot Ferrell.
Also on Monday, the jury heard from CMPD’s DNA expert who axamined at blood stains on Kerrick and his gun after the shooting.
“In a battle or struggle over a weapon, it’s considered a lethal force encounter and therefore as far as the response, lethal force would be an option”, Cloutier continued. He disagrees with Campagna’s opinion that Kerrick violated CMPD policy by firing his weapon and about the how the department assessed Ferrell’s threat level. He said Kerrick had other ways to handle the situation.
The defense ended it’s case with a couple of experts. Cloutier held his ground. “Yes, there is a case”, said retired prosecutor Steve Ward.
Officer Neal also said Ferrell “looked crazy” and may have been on bath salts or a similar substance.
He said from his interpretation of the evidence, Kerrick was in danger and attacked.
Prosecutor Adren Harris accused officers on the scene of assuming Ferrell was a unsafe criminal. He asked Rossi if DNA could have been transferred from Ferrell if Ferrell lifted his arm and touched the gun as he was dying.