Local

Kerrick Trial - Day 7 - July 28

By Mark Becker, wsoctv.com
By Mark Becker, wsoctv.com

What to know:

  • Randall "Wes" Kerrick is accused of shooting and killing unarmed Jonathan Ferrell in September 2013.
  • The first witness could take the stand before the week is over.
  • Dash cam video will be released during the trial.

Trial Archive:

CHARLOTTE, N.C. – Officer Randall "Wes" Kerrick is charged with voluntary manslaughter in the shooting death of unarmed black man Jonathan Ferrell. Tuesday will mark day seven of jury selection in the trial, and attorneys could choose the final juror.

6:30 p.m. UPDATE: Ferrell's brother, who has been in the courtroom for much of jury selection would not comment directly Tuesday on the jury pool.

"There is a long way to go," said Willie Ferrell as he went back to court after the lunch break.

On Tuesday afternoon attorneys turned to the selection of the four alternates and had not chosen any before court was adjourned.  One of those dismissed is a Mint Hill police officer who said he could fairly decide the case but who was excused by prosecutors.

Throughout jury selection potential jurors have expressed concern for their own safety or have said the trial may put too much stress on them.

One man told the judge he feared for his business and his family's safety if he was seated and the judge excused him.

He also excused a woman Tuesday who told him that she did not want to be on the jury that found officer Kerrick guilty or not guilty. 

It's the kind of pressure that attorney Rob Corbett, a former prosecutor, says is present in some trials, especially one as visible as this.

"Especially with this kind of case, with all of the media attention and all of the reports -- jurors do feel that pressure to get it right, whatever that verdict is going to be," Corbett said.

12:34 p.m. UPDATE: The twelfth juror, an African American man, has been selected. The jury will be comprised of eight women and four men -- seven of them white, three African American and two Hispanic.

ARTICLE: Last juror picked in Kerrick trial helps represent community

https://twitter.com/MarkBeckerWSOC9/status/626067625458708480

Four alternates still need to be chosen.

11:45 a.m. UPDATE: Lawyers are looking for one more juror Tuesday in the trial for a Charlotte-Mecklenburg police officer charged with killing an unarmed black man. They will also need to choose four alternates before opening statements can begin.           

Attorneys and the judge spent about an hour and a half Tuesday morning questioning one potential juror who appeared to be nervous and almost afraid to be on the jury.       

Attorneys for both sides questioned the woman by herself and asked her if she could give officer Randall "Wes" Kerrick a fair trial.

She answered the question differently several times, depending on who was asking it. She told Kerrick's attorneys that she did not consider him to be innocent and said she was afraid of what will happen if he is acquitted.            

But when the judge asked her the same question several times she responded that she could presume him innocent and give him a fair trial. Finally she told the judge she could not and he dismissed her.          

It may be the best example yet of how focused both sides are on the process of jury selection. Channel 9 legal analyst and attorney Rob Corbett said the judge is not likely to rush them.

"For a case of this magnitude the court's going to give both sides a lot of latitude to be able to select a jury and try their case," Corbett said.

Attorneys are now questioning one more potential juror for that last spot. He is a former constable from New England and is African-American. So far there are no African-American men on the jury.

9 a.m. UPDATE: Once attorneys choose that final juror and four alternates, the next step will be opening statements from both sides.

Attorneys agreed on two new jurors Monday: a white man and a Hispanic woman.

At the moment, the 11 jurors are made up of eight women and three men, seven of which are white, two African American and two Hispanic.

The concern is that until the twelfth juror and alternates are picked, the rest of the jurors are either home, back at work, or just waiting until the panel is complete. While the judge has given them strict instructions not to listen, read or talk about the case, there is a risk they could accidentally do that.

“Everybody survives by looking at email, being on social media, talking to other people. It's unrealistic to think that won't happen while the jurors are waiting for the trial to begin,” said legal expert James Wyatt.

STORY: 'Danger' in making Kerrick trial jurors wait, legal expert says

Wyatt said the longer it takes to pick the jury, the higher the risk a juror could be exposed to information.

Channel 9 will continue to tweet out updates from jury selection while outside the courtroom today, follow WSOC on Twitter.

(Follow Mark Becker on Twitter for live updates)

Randall "Wes" Kerrick is accused of shooting and killing unarmed Jonathan Ferrell on Sept. 14, 2013.

Three officers were called to the 7500 block of Reedy Creek Road in east Mecklenburg County around 2:30 that morning. A woman told police Ferrell was banging on her front door.

The Charlotte-Mecklenburg Police Department said Ferrell ran toward the officers when they arrived. One of the officers deployed his Taser, but it was unsuccessful. Kerrick fired his weapon 12 times at close range. Ten of the shots hit Ferrell, killing him.

Police later discovered a wrecked car that Ferrell was driving about 500 yards away. Officers say Ferrell was unarmed.

Around 9:30 p.m. Sept. 14, 2013, Kerrick was charged with voluntary manslaughter, marking the first time an officer in Charlotte had been charged with manslaughter for actions on duty.

Kerrick was released from jail on a $50,000 bond. He remains suspended without pay from CMPD.

Ferrell, a former football player at Florida A&M University, was living in Charlotte with his fiancée. A toxicology report released in November showed Ferrell had 60 mg/dl of ethanol in his system, equal to a .06 if blown during a DWI check point. The legal limit in North Carolina is .08.

The Ferrell family filed a civil suit against the city, county, CMPD and former Police Chief Rodney Monroe on Jan. 14, 2014. The suit was settled in May 2015 for $2.25 million.

George Laughrun and Michael J. Greene will represent Kerrick. His attorneys were hired by the Fraternal Order of Police.

Recent stories:

Channel 9 will have a team of reporters covering the Kerrick trial each day. Follow @wsoctv on Twitter for continuous updates.

Twitter handles for reporters who will be covering the trial:

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