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Judge dismisses wrongful death lawsuit filed by mother of man shot and killed by CMPD officer in 2019

The man’s mother filed the lawsuit against the City of Charlotte and the officer who shot him.
Published: Nov. 19, 2021 at 5:41 PM EST|Updated: Nov. 19, 2021 at 10:13 PM EST
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CHARLOTTE, NC (WBTV) - A federal judge has dismissed the wrongful death lawsuit filed by the family of Danquirs Franklin, who was shot and killed in a Burger King parking lot by a CMPD officer in 2019.

Franklin’s mother filed the lawsuit against the City of Charlotte and the officer who shot him.

CMPD Officer Wende Kerl shot and killed Franklin on March 25, 2019, in the parking lot of the Burger King on Beatties Ford Road after responding to a 911 call.

Franklin’s mother, the representative of Franklin’s estate, subsequently filed a lawsuit against Officer Kerl and the City of Charlotte, raising federal constitutional and state tort claims.

United States District Judge Graham C. Mullen issued the ruling Friday, giving reasons why the case was being dismissed. The following statement was a part of Friday’s ruling:

“Given the gift of hindsight, it seems likely that Officer Kerl made a mistake in shooting Danquirs Franklin. Franklin appeared to be complying with the CMPD officers’ orders to “drop the gun” when he took the pistol out of his jacket pocket. Video shows that he was holding the slide of the pistol, not the grip. And Franklin’s incredulous last words—”You told me to”—seem to confirm his intentions nearly beyond doubt. But because a court must not judge with the “20/20 vision of hindsight,” Graham, 490 U.S. at 396, the question is whether Officer Kerl’s mistake in shooting Franklin was reasonable. The answer is yes.”

Because there are no remaining claims, the judge says this case is dismissed with prejudice.

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