CHARLOTTE, N.C. — Experts are analyzing whether a Charlotte-Mecklenburg police officer who shot and killed a man last month outside a north Charlotte Burger King acted appropriately.
On Monday, police released video of the moments Officer Wende Kerl killed 27-year-old Danquirs Napoleon Franklin at the restaurant in late March. They said Kerl fired when an armed Franklin refused to drop his weapon.
[RELATED: Leaders call for calm after CMPD releases body cam video of deadly shooting]
“It’s unsettling,” attorney Luke Largess said.
Largess is one of the top police experts in the state.
"I do think there are questions about the way it was handled,” Largess said.
Some of the questions investigators have in this case involve tactics and the commands given by the officers.
They’re looking into whether police tried to de-escalate the situation or whether they believed there wasn’t time, given they were sent to a call with a man who was brandishing a gun threatening civilians.
“Unfortunately, the one person who had control of that situation and could dictate the outcome was the man with the gun,” said Scott MacLatchie, a police attorney who has tried many officer-involved shootings.
[RELATED: City leaders holding forums to discuss video of deadly police shooting]
A civilian was sitting in the passenger seat of the car right next to Franklin, and the video shows another woman who walks up and has to be told by police to get out of the way.
"That says to me that heightens the urgency of the decision by the police,” MacLatchie said.
"I have the exact opposite reaction. He's sitting there having a very calm conversation with this guy, and the woman is obviously not threatened either,” Largess said.
Largess believes the two civilians may have already de-escalated the situation by the time the officers arrived.
[PAST COVERAGE: CMPD releases names of officer, armed man in deadly confrontation]
He questioned whether CMPD officers and others across the country have been taught effective de-escalation techniques.
"It's taking a long time to kind of work through because you can use that word but what does that mean in certain situations? It seems to me this Burger King manager had de-escalated the situation when the police arrive, and they don't recognize that immediately,” Largess said.
CMPD's Internal Affairs Bureau and the district attorney's office will decide whether Kerl will be disciplined or cleared in this case.
2nd officer at scene part of deadly shooting investigation
Another officer on the scene is also part of an investigation.
Reporter Glenn Counts asked CMPD Chief Kerr Putney Tuesday night if there was another body cam connected to the investigation.
“No,” Putney said. “And that's an internal investigation that I can't talk about -- but there's, but one -- body-worn camera video footage -- one.”
In the body cam footage worn by Kerl, it appears the other officer was not wearing a body cam.
According to CMPD policy, body-worn cameras have to be turned on and activated to record prior to arrival to any call for service.
The cameras are supposed to be attached to the outermost garment on the upper, center area of the chest, according to CMPD policy.
Putney was also asked what kind of discipline an officer could face for not wearing a body camera or not turning it on.
“I'm not going to talk generally, but it's a pretty serious offense, and we take it very seriously,” Putney said.
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