The jury in the Randall Kerrick trial told Judge Robert Ervin shortly after noon today that they are deadlocked on a verdict.
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Earlier, he said they were deadlocked, with an initial 7-5 vote and later 8-4. They did not say which direction they were leaning.
After the announcement the defense requested a mistrial, but the judge sent the jury back to discuss the case some more.
WFAE will have continuing coverage as the news develops.
An attorney for Kerrick asked that Ervin declare a mistrial, arguing that the judge could do so if it was clear the jury couldn’t reach a verdict.
Ervin said viewing the interviews of the officers presented problems because the jury room wasn’t equipped with a computer to allow the jurors to see it. Also, technical glitches plagued the defense as it tried to play one of the videos during testimony last week. Deliberations are expected to begin after a lunch break.
Kerrick shot Ferrell 10 times on the night of September 14, 2013, after Ferrell went to a house for assistance after an automobile accident.
The jury considering the case of a white Charlotte-Mecklenburg police officer accused in the fatal shooting of an unarmed black man has asked the judge to read them the elements of voluntary manslaughter.
After the vehicle wreck, prosecutors say Ferrell walked to the nearby home of Sarah McCartney and pounded on the door seeking help.
The circumstances in this case, however, are not so clear.
Attorneys cited everything from the Rev. Martin Luther King Jr.to the Bible in their closing arguments in the trial of a white Charlotte-Mecklenburg police officer charged with killing an unarmed black man.
A dashboard camera video shows Ferrell walking toward police, then running to his left and off screen as Kerrick yells three times, “Get on the ground!”
The dashcam video seems to exemplify the stark contrast in the accounts told by each side.
They say Kerrick opened fire because he feared that Ferrell was going to attack him and take his gun.
The video, however, didn’t show either event, and didn’t seem to make what happened any clearer.
Judge Robert Ervin granted access to the diagrams but denied the other requests.
Kerrick is suspended without pay from the Charlotte-Mecklenburg police force.
“Ladies and gentlemen, this isn’t about race”.
Felony voluntary manslaughter involves someone either using excessive force in self-defense or shooting without the intent to kill.
Prosecutors said the 29-year-old Kerrick used deadly force when he shot and killed Jonathan Ferrell in September 2013.
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Two years ago, Kerrick and other responding officers had identified Ferrell as a possible burglary suspect after a woman called 911 overnight to report a stranger was banging on her door and trying to kick it in.
