Approx. 11 AM UPDATE: A judge has denied the change of venue request by the attorneys for CMPD Officer Wes Kerrick.
CHARLOTTE, N.C. — The attorneys for CMPD Officer Wes Kerrick met with a judge Friday to request the charges against their client be dismissed. That request was denied.
Kerrick is accused of shooting and killing Jonathan Ferrell in September 2013.
Ferrell wrecked his car in east Charlotte that night and after wrecking, Ferrell went to a nearby home. The woman inside called 911, saying Ferrell was trying to force his way into her home.
Investigators say Kerrick was one of three police officers who responded. Officers say once on scene, Ferrell charged at them and refused to listen to their orders to stop. One officer fired a TASER at Ferrell, but according to the defense, the TASER had no effect on Ferrell. The defense says Ferrell continued to advance on Kerrick. Kerrick shot Ferrell when he allegedly saw Ferrell reach for his waistband. The two then allegedly fell to the ground and began fighting. The defense says Ferrell hit Kerrick in the face and grabbed Kerrick’s gun. Investigators say Kerrick fired a total of 12 shots, 10 of which hit Ferrell. Ferrell was not armed.
Kerrick is charged with voluntary manslaughter in the shooting.
Kerrick’s attorneys filed another motion this week, saying blood evidence was mishandled in the case. The defense says Ferrell’s blood sample was destroyed, despite their efforts to preserve it to test it for marijuana, bath salts and more.
They claim witnesses have indicated that Ferrell ingested illegal drugs (including, possibly, marijuana and other substances) the night of the shooting.
The motion also claims that CMPD officials went to Ferrell’s friend’s house and collected a substance the two smoked the night of the shooting, but there supposedly wasn’t enough to test.
Ferrell’s standard toxicology screens came back clean. Standard toxicology screens do not test for marijuana or other, newer illegal drugs.
During Friday’s hearing, the crime lab says they found more of Ferrell’s blood and it could be enough for the defense to test.
The judge also ruled that the defense will be allowed to question jurors one-on-one to determine if they already have an opinion on the case due to CMPD’s actions and media coverage.
