CHARLOTTE, N.C. (AP) — A citizen’s review board in North Carolina has rejected a decision clearing a police officer in a fatal shooting nearly a year ago of a man who had a gun.

  • Citizens Review Board voted 7-0 against CMPD's ruling that the shooting of Danquirs Franklin was justified
  • Board is working on a letter that will be sent to Franklin's family, CMPD Chief Kerr Putney, and the city manager
  • Board has no authority to overrule the police department or the police chief but sends its recommendations following a vote

The Citizens Review Board ruled on Thursday against the Charlotte-Mecklenburg Police Department decision that Officer Wende Kerl was justified when she shot and killed Danquirs Franklin outside a fast—food restaurant last March, news sources reported.

Following its unanimous decision, the board will send a letter to Franklin’s family as well as to Police Chief Kerr Putney and the city manager.

The board has no authority to overrule the police department or the police chief but sends its recommendations following a vote.

A few hours before the decision, Charlotte’s Fraternal Order of Police accused the city’s police review board of “blatant bias” against Kerl. The FOP, a support organization for CMPD officers, issued its criticism after it says it was told two attorneys representing Kerl were told they could not both present on Kerl’s behalf during the hearing.

After the vote, board chair Tonya Jameson said there was no bias but she refused to comment on why Kerl was only allowed one attorney to present during the hearing.

Chief Putney said at the time of the shooting that restaurant workers called police after the man acted suspiciously. Putney said the man walked outside, where officers ordered him to drop a gun before he was shot. Police video showed Franklin did not point the weapon at officers.

Both versions of bodycam video show the shooting of Franklin outside a Burger King. At about the 2-minute mark of the extended video, Kerl shoots Franklin, who was crouched next to the car on the passenger side. Right before Kerl fires, Franklin can be seen raising his right hand with an object in it, still facing the person in the passenger seat.

In the extended video, someone can be heard moaning, presumably Franklin. Kerl said she had to pick up the gun, and a man inside the car said, “This is crazy, man.”

“He pulled a gun,” Kerl said. An officer off camera responded, “Yes, he did. I know, Wende.” An officer asks if Kerl is OK and she responds that she is.

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