Mistrial declared in case against Randall "Wes" Kerrick

CHARLOTTE, NC (WBTV) - A mistrial was declared Friday in the trial of Charlotte-Mecklenburg police Officer Randall "Wes" Kerrick, charged with voluntary manslaughter in the September 2013 shooting death of unarmed Jonathan Ferrell, after the jury became deadlocked.

The mistrial was declared after the jury deliberated the case for four days. Deliberations began Tuesday afternoon and the jury voted four separate times through their four day deliberation.

Friday morning, Judge Robert Ervin was handed a note. The contents of the note, released around noon, revealed the jury had not reached a conclusion. The defense said they wanted a mistrial. The state wanted an Allen Charge, to encourage another try.

Just after 4 p.m. Judge Ervin called the jury back into the courtroom with a question - if there was a possibility they could agree on a verdict. All 12 jury members agreed there was not. As a result, the judge declared a mistrial.

According to the foreman, the jury voted a total of four times. The jury said they voted 7 to 5 on Tuesday, 8 to 4 on Thursday and 8 to 4 two different times on Friday.

A source told WBTV the final 8-4 vote was in favor of a "Not Guilty" verdict.

Protesters promptly staged a "die in" across Fourth Street in uptown Charlotte yelling "No Justice, No Peace." Some were standing near the courthouse with signs reading, "#JusticeforJonathan". They blocked the street face down and put their hands behind their backs.

"We stay numb to these decisions. We were none in Sanford ,Florida, we were none in Ferguson," civil rights activist John Barnette said. "We were already prepared for that, personally I was already prepared for the worst."

CMPD released a written statement about the mistrial Friday afternoon. They also held a live press conference.

RAW VIDEO: Charlotte mayor, CMPD hold presser after Kerrick mistrial

"We hold our officers to a high set of standards and hold them responsible when they don't meet those standards. The CMPD established probable cause to charge Mr. Kerrick," the statement read. "The jury weighed the evidence and testimony and came to its decision. We respect their work and thoughtful consideration."

The statement continued, "Whether you agree or disagree with the jury's decision, everyone has a constitutional right express his or her opinion about the outcome. We will work to facilitate the rights of individuals to peacefully assemble and demonstrate in a safe manner. That right is the fundamental fiber of a free society and one the CMPD takes seriously."

WEB EXTRA: CLICK HERE FOR CMPD'S FULL STATEMENT

"It's important for our community to understand that the CMPD is not defined by one single event," the statement concluded, "Nor does this incident diminish all of the work we've done together with the community and the relationship we share."

Charlotte-Mecklenburg Police Chief Kerr Putney sent an email to members of the police department following the decision in the trial.

"I want to thank the countless professionals who responded to the scene of this incident on September 14, 2013, and have worked it tirelessly since that night," he wrote. "The time that has passed since that date has been challenging to CMPD and has cast an enormous spotlight on our agency, our policies, and our people.  We have faced those challenges head on and will continue to do so."

Putney called Ferrell's death a "tragic event that changed the lives of many, both in the community and within our CMPD family."

He spoke about the decision to arrest and charge Randall Kerrick with Ferrell's death.

"It was not made unilaterally, nor did it occur in a vacuum. It was a painful but necessary decision reached by people both within the CMPD and in consultation with the District Attorney's office," Putney wrote. "This decision was based on the facts of the case which led to probable cause, according to North Carolina state statute."

He said police officers "must abide by the law and be responsible for our actions."

Putney told CMPD officers that the decision for any future criminal proceedings in the case rests with the North Carolina Attorney General's office, but said CMPD will continue to support their efforts.

"There is work yet to be done within this community and our organization," he wrote. "I am proud of the resiliency and resolve of our police officers in what they do every day to the service of our community."

Mayor Dan Clodfelter also released a statement thanking the community "for the calm manner in which everyone has responded to the events of the trial."

"What we ask of you, the people of Charlotte, is this," Clodfelter continued. "However you may feel about the outcome of this trial or about what should happen next, you must keep your ears, your minds, and your hearts open to the voices of others who may feel differently than you do. We must remember that the world looks very different depending on who you are and what you have experienced. And, we as a community must respect all of those different views of the world and those different voices; they matter. They all matter if we are to figure out a way forward from this tragedy."

WEB EXTRA: CLICK HERE FOR MAYOR CLODFELTER'S FULL STATEMENT

"As a community, we in Charlotte-Mecklenburg have worked tirelessly for many months to address community concerns surrounding the tragic death of Jonathan Ferrell," community relations wrote in a statement Friday. "We have encouraged our citizens to exchange personal stories, experiences and diverse perspectives to foster growth and healing during this difficult time. Community meetings and dialogues have helped foster peaceful protest and expressions of our First Amendment Rights."

WEB EXTRA: CLICK HERE FOR THE COMMUNITY RELATIONS' FULL STATEMENT

A crowd gathered around the protesters as they shouted and banged the ground. There were about a dozen people across the street immediately after the mistrial was called. Some laid in the street, blocking traffic in what they called a "die-in."

"Oh, I am very upset, it's a sad day. That they could not come out with the verdict," a supporter of the Ferrell family said after the mistrial. "For me, it means that a black man's life does not matter. And I am disappointed. I am 64 years old and I am so disturbed about this today."

RAW VIDEO: Ferrell family speaks after mistrial in Kerrick case

Meanwhile, area churches provided space for those who needed to express their thoughts and feelings about the mistrial.

"Yes we can march. Yes we can yell. Yes we can turn things over," Rev Dr. Dwayne Walker said. "But to shake heaven I think is the most important thing you can ever do."

Rev Malu Fairley said she felt a lot of emotions when she heard jurors couldn't reach a unanimous verdict. She said coming to church left her with hope.

"A container to start to have the courage to grieve and a place to start to cultivate some hope because there's a lot of work to do" she said.

Not all of the five churches had people attend the gathering.

Rev Loris Adams said it's okay that some people decided to protest on the streets.

"I think there is a place and a space for everyone," she said. "There is a call, I believe, for us to be peacemakers and that it's not a one size fits all. There is praying that happens in Church. There is praying that happens by action in the streets."

Rev Adams said both sides are working to make a difference in the community and "hopefully working so that verdicts like these don't happen again."

By Friday evening, Charlotte residents heard the news of the mistrial.

One man told WBTV "personally I'm tired of all the racism and the hostility in the country and I wish we could all get along."

In court, the jury tried for days to reach a verdict.

Thursday, jurors requested more exhibits: crime scene diagrams, pictures of Kerrick's injuries, his police academy application essay, a transcript of testimony from Kerrick's superiors and whether Ferrell was right or left handed.

Judge Robert Ervin granted access to the diagrams but denied the other requests. Ervin said to use recollection of the evidence they were presented.

Wednesday, the jury asked to review eight pieces of evidence: dashcam video, still shots from video, deadly force directives, use of force continuum, and CMPD policy and procedures.

Jurors also asked to see photos of how the cars were positioned and interviews of officers Kerrick, Adam Neal and Thornell Little.

PHOTOS: Click here to see photos from the trial

The case against Kerrick has been in the courtroom for five weeks, but the trial was initially expected to last ten weeks.

• July 20, the trial officially got underway with jury selection. Nine days later, we had a full jury, including 4 alternates.
• August 3, opening statements were heard. Two days later, the dashcam video of the deadly encounter was released.
• August 11, the state rested its case.
• August 13, Kerrick took the stand in his own defense and was cross-examined the next day.

Monday was the start of closing arguments. Tuesday, jury deliberations began and stretched into Friday.

Jurors were in a sound proof room with only the essentials, like their notebooks and a writing board.

RAW VIDEO OF CLOSING ARGUMENTS: Part 1 | Part 2 | Part 3 | Part 4 | Part 5

Kerrick's defense team says he shot Ferrell in self-defense, as Ferrell charged toward him and attempted to grab his gun. They say Ferrell chose to bang on a door and yell at the 911 caller, and he chose to charge at police officers.

The prosecution said Kerrick changed his story about Ferrell reaching behind his back prior to charging at him.

Before jurors began their deliberations, following closing arguments from the defense and the prosecution, they asked the judge to read the elements of voluntary manslaughter.

WATCH KERRICK'S TESTIMONY: Day One: Part 1 | Day One: Part 2 | Day One: Part 3 | Day One: Part 4 | Day Two: Part 1 | Day Two: Part 2 | Day Two: Part 3 | Day Two: Part 4 | Day Two: Part 5 | Day Two: Part 6 | State cross-examines Kerrick

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.

State prosecutors say Ferrell had been injured after wrecking his car and was seeking help at the woman's house when he was mistaken for a burglar. They argue Ferrell ran in Kerrick's direction after fearing for his life when another officer deployed his taser, with red laser beams pointing at Ferrell's chest.

Reaction to the verdict was a concern. A source told WBTV that law enforcement agencies, as well as the fire department, would be given a heads up of 45 minutes before the verdict was read aloud in court. Previously, the court liaison explained there would be a 15 minute warning.

At least two CMPD districts were also being placed on alert in case there's any possible trouble.

It appears from Sky 3 images that Fourth Street has been closed in uptown Charlotte due to the demonstrators.

PREVIOUS ARTICLES:

• Ferrell family: 'Continue to fight, continue to pray'
• CMPD, Mayor Clodfelter address Kerrick mistrial
• Verdict Watch: Jury deliberations will continue Friday
• Kerrick trial: From jury selection to jury deliberations
• Two potential jurors excused in Kerrick case
• Trial for Charlotte officer involved in deadly shooting opened to packed courtroom
• Dashcam video and officer's testimony paint picture of events leading to Kerrick trial
• RAW VIDEO: Full dashcam video released in Randall Kerrick trial
• Randall Kerrick takes the stand in his own defense
• Defense rests in Kerrick trial, closing arguments set for Tuesday
• Jury in Randall Kerrick trial to resume deliberations Wednesday AM

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