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CHARLOTTE, N.C. – Nine months and nearly $21,000 later, the city of Charlotte announced this week it would no longer pay to defend CMPD Officer Wes Kerrick in a civil suit filed by the family of Jonathan Ferrell. Kerrick is charged with voluntary manslaughter in Ferrell’s September 2013 shooting death.Β
The city is citing a 1977 policy that reads, “The city will not defend a lawsuit against an employee who willfully acted in a manner as to constitute a criminal act.”
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John Snyder was the Union County District Attorney from 2006 to 2010. He’s now in private practice. He says, “That ordinance was written by a smart lawyer who said, we won’t pay if there’s a willful violation. We don’t have that yet. We have Chief (Rodney) Monroe deciding he doesn’t wanna have any political issues. We have a grand jury that didn’t even indict the first time, they had to re-indict. And so for them (the city) to claim willfulness, I think ignores the facts. But they’re gonna proceed ahead because they’re worried about politics.”
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WCCB asked the city how the decision was reached and to explain the nine month time frame. WCCB asked who broached the issue of paying vs. not paying: a city council member? The chief of police? Was it discussed during a closed door meeting? And: when was the last time the city cited this 1977 policy?Β
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A city spokeswoman replied, in part, “Both Ron Carlee and city attorney Bob Hagemann are not doing interviews about this topic, including emailed questions.”Β
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Kerrick’s criminal defense attorney George Laughrun tells WCCB in part: “Obviously it’s disappointing. I think it sends a bad message to city employees that your employer isn’t behind you. Not that the city has to say they think what happened is right, wrong or indifferent, but what happened should be covered under the scope of employment…and, the fact that they told Kerrick from the start they would represent him.”
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Snyder calls the city’s decision “political,” “arbitrary,” “a witch hunt” and, if Kerrick filed a motion, predicts a judge would agree with him. Snyder says, “I think they would look at it and say, sorry, Charlotte. You’re in for a penny, you’re in for a pound so you have to keep paying.”Β
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WCCB also submitted an open records request for all emails exchanged by government employees about this issue. The spokeswoman tells us she is looking into it. We will also submit a request for correspondence with the city’s insurance company.Β
