Citizens Review Board taking another look at deadly CMPD shooting outside Burger King

CHARLOTTE, N.C. — The Citizens Review Board is looking into a Charlotte-Mecklenburg police officer’s actions nine months after she shot and killed a man outside a north Charlotte Burger King.

Officer Wende Kerl shot and killed Danquirs Franklin in the parking lot of the Burger King on Beatties Ford Road in March.

The district attorney did not charge Kerl.

Next month, the Citizens Review Board plans to meet and take a fresh look at the case.

Although the board does not have the power to reverse the district attorney’s decision to clear Kerl, it can say the decision was wrong -- which would be a first.

The Franklin case is controversial not only because a life was lost, but it raised questions about whether the right tactics were used with a man who was suffering from mental illness.

According to the district attorney’s report, a female employee said Franklin threatened her, brought their 4- and 7-year-old children to the restaurant, hit her, chased a male employee and jumped on the counter while pointing a gun.

Franklin’s family said the female employee was the mother of his three children and that she was having an affair with a male co-worker. They said Franklin was so saddened by the situation that he “sought inpatient medical care” and came to her job to confront the pair about their actions.

When officers arrived, they spotted Franklin kneeling by a car in the parking lot. The Burger King manager in the driver’s seat told investigators Franklin was praying with him.

Investigators said Franklin was still armed and officers repeatedly ordered him to drop his weapon.

Kerl said once Franklin reached into his jacket and pulled out the gun, she feared for her life, so she fired, killing him.

The deadly shooting sparked protests across the city for months.

VIDEO: Released body camera footage of officer-involved shooting outside north Charlotte Burger King VIDEO: Released body camera footage of officer-involved shooting outside north Charlotte Burger King

Robert Dawkins with Action NC said he’s thankful the board is using its expanded powers to take a second look at the Franklin case.

The board’s review could come with a public rebuke and open the door for policy change.

“If there is a legal guideline, if there is a policy that could possibly be changed or tweaked, this may be the case where this gets reviewed,” Fraternal Order of Police spokesman Chris Kopp said.

CMPD said the board’s decision to review the case is not a surprise and it will fully cooperate.

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