Prosecutors in North Carolina will not retry Officer Randall Kerrick of the Charlotte-Mecklenburg Police Department after a jury deadlocked last week.
A mistrial may leave open the possibility of Kerrick returning as an officer.
Kerrick was charged with voluntary manslaughter after he shot and killed Jonathan Ferrell, a college student and former Florida A&M University football player, in 2013.
Prosecutors claim their decision was based on conversation with jurors from the original trial. They said they will submit paperwork for dismissal of the charge.
The Mecklenburg County District Attorney’s Office released the following statement:
“It is our prosecutors’ unanimous belief a retrial will not yield a different result.”
In a news conference Friday, North Carolina Attorney General Roy Cooper said he stands by the decision to bring the case before a jury.
He said the death of Johnathan Ferrell “should not have happened.”
According to the Attorney General, Kerrick did not follow proper protocol when he drew his weapon and shot Ferrell 10 times without properly assessing the scene.
Ferrell’s mother doesn’t believe the case is over. Georgia Ferrell said, “We will not give up our fight. We must have justice.”
Willie Ferrell, Jonathan’s brother, calls his death “unjustified” and says he believe “it was a racial response. (Kerrick) built up the belief that (Johnathan) was going to steal his gun.” He says he believes his brother was shot because he was black.
Ferrell was in a bad car wreck the night of September 14, 2013. After crawling out of the back window of his car, family attorney Chris Chestnut said he went to a house to get help.
The woman in the house called 911 reporting an intruder.
Ferrell was on the sidewalk when Kerrick and two others arrived. Ferrell walked toward them, relieved they had arrived.
Dashcam video, released at the trial, shows Ferrell walking toward the cops and then picking up his pace.
Prosecutors say he started to run when an officer pointed a taser beam at him.
Someone is heard shouting, “Get on the ground!” three times, and shots are heard.
Before the video’s release, Kerrick’s defense attorney claimed Ferrell became aggressive, pounding his thighs and taunting Kerrick, saying, “Shoot me! Shoot me!”
The video, however, didn’t show that.