Kerrick Trial: Hours of Deliberation Result in Hung Jury, Mistrial

CHARLOTTE, NC — “In this case the court will declare a mistrial and the case will remain open.”

That decision came from Judge Ervin after all 12 jurors were polled and agreed on one thing: that they could not with any amount of time or other evidence come to an agreement on a verdict.  CMPD Officer Wes Kerrick is accused voluntary manslaughter in the 2013 shooting death of unarmed Jonathan Ferrell.

The state wanted the jury ordered to keep trying, while the defense asked for the mistrial.

“We renew our request they continue to deliberate,” said prosecutor Teresa Postell.

“The foreperson says short of calling paramedics and officers,” said defense attorney George Laughrun.  “I think that shows how heated discussions were.”

Before lunch the jury told the judge they were at an 8 to 4 deadlock since Thursday, with a not-guilty majority.

Judge Ervin read the foreperson’s statement: “‘Judge Ervin, after many headaches and hours of deliberation, we have not come to a conclusion for a definitely and decisive response for either guilty or not guilty.'”

After lunch, the foreman said they might be making progress, but hours later, said those discussions didn’t work.

Our legal contributor John Snyder says the result is not surprising.

“We clearly had factual issues, and just seeing the 8 to 4 split just proves this was a hard case to win from the beginning,” he said.