Trial underway of cop charged in shooting death of Jonathan Ferrell

By Andrea Muhammad | Last updated: Aug 14, 2015 - 5:40:06 PM

Jonathan Ferrell’s fiancee, Caché Heidel, left and his mother, Georgia, leave the courtroom before graphic evidence is shown at the trial of police officer Randall Kerrick, Aug. 5. Photo: AP Wide World Photo

Opening arguments began August 3, in the highly publicized involuntary manslaughter trial of Charlotte Mecklenburg Police Officer, Randall ‘Wes’ Kerrick in the shooting death of Jonathan Ferrell.

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About 30 people participated in a memorial service outside the Mecklenburg County Courthouse, August 10 where the trial of Charlotte-Mecklenburg police officer Randall Kerrick is taking place to pray for Jonathan Ferrell and other Black people killed by police recently, in Charlotte, N.C. Photo: AP Wide World Photo

The death of Mr. Ferrell, a former Florida A&M University football player sparked national outrage in another case of what critics point out is a White police officer’s rush to judgment resulting in the use of unprovoked, deadly force against an unarmed Black man.

On September 14, 2013 Mr. Ferrell, 24, crashed his car early in the morning while driving through an unfamiliar part of town. He sought assistance by knocking on the door of a woman who, thought he was an intruder and called 911. Mr. Ferrell, who moved to Charlotte from Tallahassee, Florida to be with his fiancée Caché Heidel, was shot 10 times and killed by Officer Kerrick.

Questions and further outrage arose as to whether Ofc. Kerrick would even be made to face charges when a grand jury refused to indict him on January 22, 2014. After mounting public pressure and appeal by prosecutors, Ofc. Kerrick was finally indicted on involuntary manslaughter charges by a second grand jury the following week. If convicted, he faces up to 11 years in prison.

Jonathan Ferrell’s graduation picture. Photo: Justice for Jonathan Ferrell Facebook page

The 12 member jury of 4 White women; 3 White men; 2 Black women; 2 Hispanic women and only one Black man could be problematic for the prosecution while favorable for the defense if recent history in similar high profile cases is taken into account involving predominately White juries, White defendants, law enforcement officers and Black unarmed victims. In the cases of police officers or self-appointed vigilantes involved in the shooting deaths of Michael Brown, Jr. and Eric Garner, they were not indicted. And in the cases of the shooting deaths of Oscar Grant and Trayvon Martin, they were found guilty of a lesser charge of involuntary manslaughter and not guilty respectively.

Through his organization, True Healing Under God (T.H.U.G) North Carolina civil rights attorney, John Barnett has organized several rallies in support of justice for the Ferrell family having implemented “court patrols.” Citizens from the community at large attend and take notes during the trial.

According to reports, the Fraternal Order of Police hired North Carolina attorneys George Laughrun and Michael J. Greene to represent Mr. Kerrick. The defense tried to demonize Mr. Ferrell. Attorney Laughrun repeatedly referred to Mr. Ferrell as a “suspect”, though no crime was committed. Atty. Laughrun also said Mr. Ferrell charged the defendant while in a drugged ‘zombie state’. Atty. Greene’s opening statement blamed the victim for his own death, telling the jury, “This is not a case of race. It was never about race. This was a case of choices, Jonathan Ferrell’s bad choices!”

Police officer Randall Kerrick listens to testimony during day four of his trial at the Mecklenburg County Courthouse, Aug. 6, in Charlotte, N.C. Ofc. Kerrick is facing voluntary manslaughter charges in the shooting death of Jonathan Ferrell. Photo: AP Wide World Photo

During the first week of testimony, witnesses testified of Mr. Ferrell’s gentle demeanor and easy going nature which refuted defense claims he was an intimidating person. Caché Heidel testified during disagreements with her fiancée, she was the more aggressive one while he was the quiet one. Disturbing details began to emerge as the prosecution presented evidence from the night Mr. Ferrell was killed. After a failed attempt by the defense to block the jury from seeing graphic autopsy photos on the grounds they would prejudice and garner sympathy, prosecutors presented the photos. They proved too painful for his mother, Georgia Ferrell and fiancée, Ms. Heidel as both were overcome with emotion and abruptly left the courtroom. In an unusual move, Judge Robert C. Ervin, responded to the defense’s objections and proceeded with a pair of scissors to cut away part of the photo they deemed objectionable.

Judge Ervin, cautioned more photos of the murder scene would be presented and that members of the family or anyone in the courtroom could excuse themselves before the evidence was presented. Defense attempts to have the scene photos viewed only by the jury and not those in the courtroom, were successful. Emergency Medical Technician Russell Freeze testified when he arrived on the scene, he saw Mr. Ferrell lying face down in a ditch, checked his wrist and neck for a pulse then sought permission from the officers on the scene to roll the fatally wounded young man over and check his other side for a pulse.

According to Mr. Freeze’s testimony, his request was denied so he looked after Ofc. Kerrick instead. Additional police officers and crime scene investigators also testified that Mr. Ferrell’s handcuffed body laid face down in a ditch for over 4 hours. It was not until well after 6 a.m. that the order was finally given to search his body for personal identification.

John Barnett, center, arrives with several protesters on the first day of the trial of former Charlotte-Mecklenburg police Officer Randall Kerrick. Photo: AP Wide World Photo

Prosecutors also presented video and audio evidence from the dash cam and the microphone pack worn by Ofc. A.C. Neal. At Final Call presstime it was unclear whether the prosecution planned on presenting video and audio from Officer Kerrick’s dash cam and microphone pack. Dash cam evidence showed Ofc. Kerrick and Ofc. Thornell Little driving in the direction Mr. Ferrell was walking where he crashed. As Ofc. Ferrell approached, Ofc. Little immediately fires his taser just missing Mr. Ferrell. Mr. Ferrell is then seen running in the direction of Ofc. Kerrick. The defense said Mr. Ferrell charged Ofc. Kerrick and he fired 12 shots before ordering the fatally wounded Mr. Ferrell to the ground.

The prosecution asked Officer Neal, who is Black and no longer a member of the Charlotte Mecklenburg Police Department, whether he had his gun engaged. Mr. Neal said he did not, and that after Officer Little’s unsuccessful attempt of tasering Mr. Ferrell, he “attempted to go after the suspect,” conceding that because Mr. Ferrell “blew through the taser,” he tried getting to the young man first, to take him down in a non-lethal manner.

Jonathan Ferrell played football for Florida A & M University. Photo: Justice for Jonathan Ferrell Facebook page

The trial is expected to last until September with efforts already underway to quell any potential unrest primarily from within the Black community should Officer Kerrick be acquitted. In January of this year, the city of Charlotte settled a federal lawsuit filed by the Ferrell family. It is the largest settlement of its kind for the city, amounting to $2.25 million at taxpayers’ expense. The settlement serves as a bittersweet victory for the Ferrell family. In an interview with local station WBTV his mother said, “There is no amount of money that can bring my child back to me.”

“The only thing this settlement can do is make me work even harder, work more, be more focused on what I need to do to help others,” added Ms. Ferrell.

That sentiment was echoed by her son and Jonathan’s surviving brother, Willie Ferrell. “Money will never bring back my brother. We just hope we get justice, and a lot of other lives don’t be taken like my brother,” he said.

This year marks the 20th Anniversary of the Million Man March. More stories like that of the Ferrells are a driving force behind the Honorable Minister Louis Farrakhan’s call for Justice Or Else for the plight of Black and oppressed people across America. On October 10, 2015 Minister Farrakhan has declared it will not be a “march” for the cowardly or weak-hearted. He is calling on serious minded, fearless individuals to join with him as he demands the United States government give Justice to the oppressed Or Else face the threat of Divine Chastisement from God Himself. For more information on the movement go to JusticeOrElse.com or follow the #JusticeOrElse hashtag trending throughout social media.

The Final Call