Tuesday, April 15 2014 10:51 PM EDT2014-04-16 02:51:11 GMT
A dog that was rescued from euthanization two weeks was shot and killed Sunday afternoon by a Sheriff's Deputy after the dog attacked three people, including its owner and the officer. It wasn't the firstMore >>
A dog that was rescued from euthanization two weeks was shot and killed Sunday afternoon by a Sheriff's Deputy after the dog attacked three people, including its owner and the officer.More >>
A judge upheld a restraining order preventing police from releasing dashcam video from an officer involved shooting.
Thursday's hearing was about evidence in the case of a Charlotte Mecklenburg Police officer accused of manslaughter. Officer Randall Kerrick is accused of shooting and killing Jonathan Ferrell. The dash cam video has not been made public. The victim's family said it should be.
Officer Randall Kerrick's defense attorneys wanted to ensure their client has a fair trial. And with the prosecutor on Thursday they argued the dashcam video in this case should not be released by the city of Charlotte or CMPD.
"In any defense or prosecution they have one voice. And that should be Jim Coman. It shouldn't be the police department. It's not their case," said George Laughrun, lawyer for Officer Kerrick.
Thursday in court, James Coman, the senior deputy prosecutor from the North Carolina Attorney General's office said he was concerned this past Saturday when a reliable source told him the dashcam video was going to be released. He worked over the weekend with Officer Randall Kerrick's defense lawyers George Laughrun and Michael Greene to file a temporary restraining order.
"We've reached a consensus I hope," said Coman. CMPD agreed.
"We are ready to go ahead and sign that court order," said Mark Newbold, the deputy city lawyer.
The judge ordered only the Attorney general's office to release information in this case involving Officer Kerrick and the death of Jonathan Ferrell. Judge Richard Boner said he was concerned about what he's seen in the newspaper and on tv in this case.
"Although I can't issue a gag order on the police department I would admonish them, their representatives as well council on both sides to hold down the amount of comments made to the media about this case," said Judge Boner.
The lawyer for CMPD filed a response explaining why the 911 call was released because it is considered public record. And they released the radio transmissions because those are also public record and they had the okay from the AG's office.
CMPD's lawyer said the department has refused to release the dashcam video despite numerous requests from reporters and Ferrell's family because it is part the criminal investigation.
The judge said he was concerned about tainting a possible jury pool. The dashcam video will not be released.
Jonthan Ferrell's family lawyer, Chris Chesnut said he did not know about the hearing until the day before. He was not at the courthouse.