Friday, July 25 2014 9:23 PM EDT2014-07-26 01:23:15 GMT
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The attorney for a Charlotte-Mecklenburg Police officer accused in a deadly shooting has filed a motion to keep charges against the officer from being resubmitted to a Mecklenburg County Grand Jury.
According to court officials, the motion was filed on Friday to prevent the North Carolina Attorney General's Office from resubmitting voluntary manslaughter charges against officer Randall Kerrick in the September 2013 death of Jonathan Ferrell.
On Tuesday, a Grand Jury asked the District Attorney for a lesser charge than voluntary manslaughter.
"We the Grand Jury respectfully request that the district attorney submit a bill of indictment to a lesser-included or related offense," the court papers stated.
The NC AG's office said that it planned to resubmit the charges to another panel of the grand jury on Monday.
Court officials say the motion filed by the officer's attorney will be heard on Monday morning at 10 a.m. The court session will be private.
"Our prosecutors believe the law is clear that we can resubmit this case to the grand jury," the NC AG's office said on Friday. "Attorneys from our office are prepared to be in court Monday to argue against this motion."
On Friday evening, the lawyer for Ferrell released a statement about the motion that was filed.
"There is no constitutional basis for a judge to deny a Grand Jury the right to hear this case as it is clear that jeopardy did not attach following the actions of the first Grand jury," the statement to WBTV said.
"It appears that this motion was filed solely because Randall Kerrick's attorneys feel their client will be indicted once the full Grand Jury properly considers the evidence in this case when it convenes on Monday."
The lawyer says they are confident the motion will be denied and that the case will be heard by the grand jury on Monday as scheduled.