Crime & Courts

Attorney general won’t retry Kerrick in police shooting case

Staff reports

Randall “Wes” Kerrick and his wife Carrie leave the courtroom after Superior Court Judge Robert Ervin declared a mistrial.
Randall “Wes” Kerrick and his wife Carrie leave the courtroom after Superior Court Judge Robert Ervin declared a mistrial. dhinshaw@charlotteobserver.com

The N.C. Attorney General’s Office won’t retry Randall “Wes” Kerrick in the death of Jonathan Ferrell, according to a letter sent to Mecklenburg County District Attorney Andrew Murray on Friday.

“Upon speaking with jurors, it is our understanding that the jury had deadlocked by a vote of eight jurors for acquittal and four jurors for conviction on the charge of voluntary manslaughter,” Robert C. Montgomery, senior deputy attorney general wrote.

“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. While our prosecutors tried to seek a conviction, it appears a majority of the jurors did not believe the criminal conviction was the appropriate verdict.”

Kerrick, 29, was charged in Ferrell’s 2013 shooting death during a predawn encounter east of Charlotte. Ferrell, 24, was unarmed. Kerrick shot him 10 times, testifying at trial earlier this month that he feared for his life. On Friday, Superior Court Judge Robert Ervin declared a mistrial with the jury deadlocked 8-4 to acquit the officer.

Ferrell’s mother, Georgia, received a call from a prosecutor Friday morning letting her know that the case would not be retried.

“They didn’t try hard enough. It was just another black life they don’t care, it doesn't matter,” she told the Observer. “I am going to continue to fight. I am going to work on the foundation, continue work for justice. It’s not the end. I will continue to try to pursue legally stop until I see justice.”

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