District Attorney Says No Charges Will Be Filed Against Officer Who Shot And Killed Man In NW Charlotte Burger King Parking Lot

The Latest:

The District Attorney will not be seeking charges related to the death of Danquirs Franklin. Franklin was shot and killed by CMPD Officer Wende Kerl on March 25th. It happened in the Burger King parking lot on Beatties Ford Road.

DA Spencer Merriweather told WCCB  his office could not prove Officer Kerl was “unreasonable in believing she and others were in imminent danger.”

Merriweather says several factors made this case challenging. Kerl’s body camera video shows a man sitting in the passenger seat of the car Franklin was kneeling toward. That man told officers quote: “He didn’t know if he was going to get shot or whatever.”

Also, Franklin didn’t put his hands up or lie down as the officers told investigators they expected. There were also conflicting commands from the officers– 20 shouted in just 32 seconds. Franklin’s last words also made it seem like he was going to comply with their orders.

“A lot of the information that we had, very well could’ve been based on mistakes, very well could have been based on miscommunication quite frankly,” says DA Merriweather.

Chief Kerr Putney says Officer Kerl’s future with the department is still up in the air.

“We have an internal investigation that will continue and we’ll figure out all the other missing pieces we have to do within our policies, to make sure no policies were violated and we’ll move forward,” says Chief Putney.

President of Charlotte-Mecklenburg NAACP Corine Mack is calling for the FBI to investigate CMPD officers.

“Full investigation of every officer. Background checks, mental stability. All that” says Mack.

The attorney for the Franklin family told WCCB he’s working on a public statement for the family to release later in the week. This attorney deals with police misconduct, according to their website.

Officer Kerl’s attorney says they will not be making comments at this time.

Read the full report HERE.

Update:

The Mecklenburg County Medical Examiner’s Office released the autopsy results on Wednesday for 27-year-old Danquirs Franklin. Franklin was killed during an officer-involved shooting on March 25th outside a west Charlotte Burger King.

According to the autopsy report, Franklin died from gunshot wounds to the abdomen.

To view the full report, click HERE.

Original Story (April 24, 2019):

CHARLOTTE, NC — CMPD has released the full 11 minutes of body camera video showing the deadly March 25th officer-involved shooting of Danquirs Franklin.

The video shows an additional 9 minutes of footage not seen in the video released on April 15th.

Due to the graphic nature of this video, viewer discretion is advised. You can watch the full video below:

Shortly before the video’s release Wednesday afternoon, the District Attorney’s Office also confirmed that CMPD had completed their investigation into Franklin’s shooting and turned over the files.

We’ve seen two-minutes and 20-seconds involving the shooting of Danquirs Franklin, but a judge ordered CMPD to release the entire 11 minute video Tuesday afternoon after receiving several petitions from media, community members and CMPD Chief Kerr Putney.

During Tuesday’s hearing, Chief Putney testified under oath that he was the final decision maker, based on recommendations, to release the 2-minutes and 20-second shortened video. It showed Officer Wende Kerl shoot and kill Danquirs Franklin outside a Burger King on Beatties Ford Road on March 25th.

CMPD showed Mayor Vi Lyles and the Charlotte City Council all 11 minutes the same day the shortened video was made public.

Putney told a Superior Court Judge he had concerns when City Manager, Marcus Jones, and he discussed showing the full body camera video to Charlotte City Council members and the Mayor.

“The city attorney had assured him that it was indeed okay to do,” said Chief Putney.

Tuesday’s hearing was to determine if CMPD violated an April 11th court order, by not releasing the entire body camera video.

The Assistant City Attorney says CMPD didn’t give the full video to the judge based on how they interpreted the original request.

“In terms of judicial efficiency with CMPD’s practice, review those videos and submit what was relevant based on the specific wording of each petition,” says Assistant City Attorney Jessica Battle.

Judge Lisa Bell determined CMPD was not in contempt of court, saying the video was “disclosed” to them and not “released”.

We are continuing to follow this story and will bring you the latest information as it develops.

For WCCB’s previous coverage of the Daquirs Franklin shooting, click HERE.