Family Of Man Shot And Killed By CMPD Officer Challenging The Decision That Shooting Was Justified

CHARLOTTE, NC. — Deborah Franklin is challenging the decision that the officer who shot and killed her son, Danquirs Franklin, was justified.

CMPD Officer Wende Kerl not formally disciplined by CMPD after the March 25th  shooting. It happened in the Burger King parking lot on Beatties Ford Road.

The challenge brought to the Citizens Review Board Tuesday. A Franklin family representative and a CMPD representative gave arguments.

“The way CMPD handled it, was it justified, did they follow CMPD policy in how they handled that situation. That’s the question that we’re really trying to ask,” says acting Vice-Chair of Citizens Review Board Tonya Jameson.

An attorney for the CRB says the board initially found substantial evidence of error in CMPD’s justified determination. They voted 9-0 to move forward with an evidentiary fact-finding hearing, similar to a trial.

“We just still had more questions and we didn’t think our questions had been answered through CMPD. We wanted to find out more.”

An attorney for the Franklin family tells WCCB: “Ms. Franklin is gratified that the CRB has decided to have a full hearing about the shooting of her son and recognizes that there are issues that may not have been addressed in the internal affairs review.”

CMPD also sent a statement to WCCB: “The Citizens Review Board’s decision is not surprising. A case involving this degree of complexity warrants a higher level of scrutiny that only a full hearing will provide.  The Charlotte-Mecklenburg Police Department is committed to providing full cooperation to the CRB that will allow the board to formulate an informed conclusion concerning the incident.”

The Fraternal Order of Police supports Officer Kerl.

“We’re fairly confident they’re not going to overturn what’s already been discovered. It’s the same evidence, it’s the same policies, it’s the same legal standard guidelines. We feel that the outcome will be the same,” says FOP spokesperson Chris Kopp.

The hearing will happen on January 28th. If it’s determined the shooting was not justified, it will be in the city manager’s hands.

District Attorney Spencer Merriweather did not charge Officer Kerl.