Sunday, August 31 2014 3:28 PM EDT2014-08-31 19:28:29 GMT
Disturbing pictures of an injured kindergartner from Pascagoula have made a mother's call for action go viral online.More >>
Disturbing pictures of an injured kindergartner from Pascagoula have made a mother's call for action go viral online. Friends and family of a Pascagoula kindergarten student have created a Facebook page and GoFundMe.com account claiming the girl was attacked on the playground this week by another student.More >>
Court documents obtained by WBTV on Tuesday show a glimpse at how the case against CMPD officer Randall "Wes" Kerrick is progressing.
Kerrick faces a charge of voluntary manslaughter for killing Jonathan Ferrell back in September.
Ferrell was unarmed and seeking help in a neighborhood after crashing his car.
A neighbor called 911, after mistakenly thinking that Ferrell was trying to break into her house in the overnight hours.
Kerrick and three officers responded to the suspicious activity call and encountered Ferrell. Charlotte-Mecklenburg Police say Kerrick fired his gun 12 times, striking Ferrell ten times.
The Special Deputy Attorney General prosecuting the case filed documents relating to the exchange of discovery, or evidence in the case, between the state and Kerrick's defense team.
Already more than 5,000 pages of documents have been turned over to Kerrick's defense team of George Laughrun and Michael Greene.
There are 44 compact discs showing Ferrell's crash photos, his Iphone records, 911 radio traffic, and video of Kerrick's walk shot.
There's also CMPD's DMVR recording, or what's commonly referred to as the dash cam.
The documents also describe at least two searches, or seizures of evidence. One of them required a search warrant, which tells us permission was not granted for the search, possibly by Kerrick.
The state also wants no surprises. Prosecutors requested a guaranteed disclosure of Kerrick's defense strategy before a trial starts. His attorneys have said the shooting was justified.
For example, prosecutors want a list of all witnesses, experts and experiments which could come up in court.
Ferrell's family filed a civil motion the same day as the criminal court filing to fight the city on delaying the civil case. The city put forth a motion last month to stay, or delay, the civil matter until the criminal case is resolved. It's a common request.
Ferrell's family argues they have the right to move the civil case forward. One point made in the filing says Ferrell's family is suing the City of Charlotte and CMPD Police Chief Rodney Monroe, not just Kerrick. Their participation in the civil case should affect the criminal case, according to Ferrell's family attorney, Charles Monnett, III.
Civil cases have a lower threshold of evidence to prove in court compared to criminal cases.
The city argues information to come out in a civil case could affect the criminal proceeding. Ferrell's family says their attorney should be allowed to see the evidence in the criminal case, and not have to wait until it is settled, which could be more than a year away.
A federal judge will determine whether the civil case gets a stay.