DA: US Marshal who killed man at Charlotte gas station will not face charges

CHARLOTTE — Mecklenburg County’s District Attorney announced Tuesday that he will not seek charges against a U.S. Marshal who shot and killed a man at a Charlotte gas station in March.

The shooting happened around 11 a.m. on March 23 at a Citgo gas station on The Plaza and Parkwood Avenue.

According to District Attorney Spencer B. Merriweather III, 32-year-old Frankie Jennings was pumping gas when federal Marshals with the Carolinas Regional Fugitive Task Force attempted to serve him warrants. In Merriweather’s report, he wrote that when Jennings spotted law enforcement, he ran to the driver’s side of his Mercedes where he got into a brief struggle with two law enforcement officers.

Merriweather said that during the struggle, Jennings was able to put the Mercedes in gear and the car began to move forward at which point Senior Inspector Eric Tillman fired three shots, killing Jennings.

The agent told investigators that he pulled the trigger because he feared for his life and the lives of other officers.

“Given the corroborated evidence that Senior Inspector Tillman was reasonable in his belief that he and other officers faced an imminent threat of great bodily harm or death, the evidence in this case would be insufficient to prove to a jury beyond a reasonable doubt that Senior Inspector Tillman did not act in defense of himself or another,” Merriweather wrote. “Consequently, I will not be seeking charges related to the death of Frankie Jennings.”

According to the district attorney’s report, a loaded semi-automatic handgun was later found in the center console cupholder of the Jennings’ car.

Ken Harris, the attorney for Jennings’ family told Channel 9 that they will seek justice and video of the encounter will be a key part in their civil case.

“I am unaware of any moment in this interaction when Mr. Jennings threatened or posed a threat of imminent harm to anyone,” Harris said.

He said the footage shows two moments when Jennings had either one or both of his hands up.

U.S. Marshals don’t wear body cameras, but officials said they will in the future so that all interactions will be captured on video.

No officers with the CRFTF were injured during the shooting.

Read Merriweather’s full report here.

(WATCH: DA: Not enough evidence to charge CMPD officers in death of man in police custody)

DA: Not enough evidence to charge CMPD officers in death of man in police custody

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