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No retrial for Kerrick

Heath Hamacher//August 28, 2015//

No retrial for Kerrick

Heath Hamacher//August 28, 2015//

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The case against Randall Kerrick is over.

Senior Deputy Attorney General Robert Montgomery notified Mecklenburg County’s district attorney, R. Andrew Murray, of his office’s decision not to retry the former Charlotte-Mecklenburg police officer in a letter Aug. 28.

Kerrick was charged with voluntary manslaughter on Jan. 27, 2014, after fatally shooting 24-year-old Jonathan Ferrell on Sept. 14, 2013.

Ferrell, unarmed, had just crashed his car and knocked on the door of a nearby home. Officers responded after the homeowner called 911 to report a possible breaking and entering.

During the trial, attorneys for each side painted vastly different pictures of what led to the shooting. The jury deliberated for three days before its foreman told Judge Robert Ervin it was deadlocked.

Ervin declared a mistrial on Aug. 21.

According to Montgomery’s letter, the attorney general’s office spoke to jurors and learned that eight jurors favored acquittal while four believed Kerrick should be convicted.

He said jurors’ comments, available evidence and his office’s background in criminal trials contributed to state prosecutors’ “unanimous belief that a retrial will not yield a different result.”

“Our prosecutors believe they were able to introduce the relevant evidence and examine the witnesses, including the defendant, appropriately and that the jury fully considered the details of the case,” Montgomery wrote. “However, meeting the standard of proof of beyond a reasonable doubt could not be achieved.”

Montgomery closed by saying his office will submit a dismissal of the charge, “which will complete disposition of the case.”

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