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Old 09-18-2013, 05:58 AM
 
1,585 posts, read 1,414,351 times
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SUBCHAPTER III. OFFENSES AGAINST THE PERSON.
Article 6.
Homicide.
§ 14-17. Murder in the first and second degree defined; punishment.
(a) A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14-288.21, poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life without parole as the court shall determine pursuant to G.S. 15A-2000, except that any such person who was under 18 years of age at the time of the murder shall be punished with imprisonment in the State's prison for life without parole.
(b) A murder other than described in subsection (a) of this section or in G.S. 14-23.2 shall be deemed second degree murder. Any person who commits second degree murder shall be punished as a Class B1 felon, except that a person who commits second degree murder shall be punished as a Class B2 felon in either of the following circumstances:
(1) The malice necessary to prove second degree murder is based on an inherently dangerous act or omission, done in such a reckless and wanton manner as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.


Sure the DA could listen to the talking heads and charge the officer with murder, however it will never fly in court for two reasons.
1. For 1st degree murder it must be premeditated.
2. For 2nd Degree murder the Ofc. must be proven to be "deliberately bent on mischief."


We have two examples of what happens when someone is overcharged (C. Anthony and Zimmerman.) Let's let the DA interpret the evidence and decide what they can get a conviction on, not what talking heads want a charge of.
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Old 09-18-2013, 07:25 AM
 
Location: Matthews, NC
14,693 posts, read 23,073,113 times
Reputation: 14332
FTA:

Some activists are suggesting that Kerrick is getting favorable treatment in being charged with voluntary manslaughter rather than second-degree murder. Monroe argues, though, that there was no evidence of malice on Kerrick’s part. The officer used bad judgment and excessive force in defending himself, but did not have any premeditation, Monroe said.

Read more here: CMPD handling tragic case properly | CharlotteObserver.com

Don't these dummy activists know that if someone is over-charged, they are more likely to walk away scot-free?
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Old 09-18-2013, 08:38 AM
 
5,869 posts, read 7,701,590 times
Reputation: 3366
Quote:
Originally Posted by urbancharlotte View Post
I've given her story some thoughts, and it just doesn't make sense. First of all, the so called "banging" didn't keep her from answering the door without checking who was there. Something tells me that she might have added "banging" to the story after the fact so that cops would take her call seriously. Her own actions show that Mr. Ferrell's knock at the door didn't scare her until she saw Mr. Ferrell. Before seeing Mr. Ferrell, all was "okay".

As for expecting her husband, wouldn't he have had a key to his own home? If his key was missing, wouldn't he have called or text first? Also, does her husband come home on foot; I doubt it? Why was she expecting her husband when the person (a) didn't have a key and (b) didn't roll up in a car? When I come home from work at that hour (yes, some of us work those hours) headlights can be seen and a car door closing can be heard. If pets are present (which many homes have pets) the dogs or the cats are usually making some kind of noise because someone "just came home".

Another part of her story that doesn't added up is the fact that she slammed the door on Ferrell (the "suspect") and Ferrell never used his athleticism to force his way in. After being rejected by the 911 caller, Ferrell made no more attempts with this person and went about his business. That fact alone should have prompted the cops to approach this situation with more of an open mind. Let's not forget that two cops did keep an open mind; only 1 went the deadly force route.

Here's the deal. Ferrell's actions simply don't match up with the claims. Think about it people. He was "banging" on the door at 2am, but she felt perfectly safe answering it without asking "who's there"? She probably lied about the banging on the door part. Also, the cops thought they were looking for a suspect. Real suspects (no matter what color or gender they are) run from the cops, they do NOT run towards the cops. Out of the 3 cops present, 1 saw no need to use any weapon, 1 used a taser, and 1 fired 12 shots. Clearly there were 3 different interpretations of Ferrell's actions. The claim that Ferrell "charged at the cops" is bull IMO. If there were any truth to the charge claim (after being told to stop), 30 bullets would have been fired by 3 cops.
Well looks like this post is pretty much 100% wrong.

Quote:
"911, hello?" the dispatcher said.

"I need help. There's a guy breaking in my front door. Now he's trying to kick it down," the woman said.
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Old 09-18-2013, 09:19 AM
 
140 posts, read 201,497 times
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Given that the police said there was no evidence of Ferrell trying to break in (it's usually pretty obvious when someone has tried to kick in the door), I would think it's more likely the caller was in a panic or trying to make her call sound more urgent. Growing up in NC, attending school in NC, working in NC, I have known many women who were socialized by their fathers to irrationally fear black men.
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Old 09-18-2013, 10:53 AM
 
3,185 posts, read 5,759,188 times
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If some big guy acting sorta crazy comes to someones door without an invitation at 2 am and looks at a single woman funny you better believe she should call the cops and let them figure out what he is up to....If he really wanted "help" why did he not just yell "call 9/11 I have been in an accident"....why didn't he do that? These people wanting to make it a bad shooting cant answer this question yet they can explain all about why the cop should have done this and that....I am a grown man and I know that if any person knocks on my door in the middle of the night and does not immediately and clearly state his purpose I WILL SLAM THE DOOR AND QUICKLY CALL 911 ...as I go and get my pistola.....who wouldn't?
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Old 09-18-2013, 11:09 AM
 
Location: North Carolina
14 posts, read 69,204 times
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Quote:
Originally Posted by crestliner View Post
If some big guy acting sorta crazy comes to someones door without an invitation at 2 am and looks at a single woman funny you better believe she should call the cops and let them figure out what he is up to....If he really wanted "help" why did he not just yell "call 9/11 I have been in an accident"....why didn't he do that? These people wanting to make it a bad shooting cant answer this question yet they can explain all about why the cop should have done this and that....I am a grown man and I know that if any person knocks on my door in the middle of the night and does not immediately and clearly state his purpose I WILL SLAM THE DOOR AND QUICKLY CALL 911 ...as I go and get my pistola.....who wouldn't?
I'm not blaming the woman for panicking but I find it very possible for someone to knock on a door in addition to yelling "call 9/11 I have been in an accident".

If the man was simply yelling in the middle of the neighborhood that he was in an accident, how would he know that someone had called 911 or that assistance was on the way?
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Old 09-18-2013, 11:45 AM
 
6,270 posts, read 9,993,341 times
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Quote:
Originally Posted by GoPhils View Post
Well looks like this post is pretty much 100% wrong.
Not really. I listened to her 911 call. She claims that the guy was trying to break in, but if that were true he would've done that when she had the door open. Are we supposed to believe that she actually had a door-struggle with a college football player and won?

Also, the dispatcher couldn't tell whether the guy had been in the house or not. He asked (more than once) was the guy actually in the house. This is proof that she wasn't making the events clear to the police.

She also claims that he was outside "screaming and yelling". It's too bad that he wasn't screaming and yelling more loudly. If he had been, someone in the other 4 houses within 400 feet would've heard him. The Bradfield Farms community has very few (if any) isolated homes. If every claim Mrs. McCartney made were true, the neighbors should've been alerted by Ferrell's so called "screams".

Like it or not, Mrs. McCartney's ambiguous claims and wild speculations set the stage for this innocent young man's murder. The only part of her story that I do believe is she WAS trying to find her husband's gun so she could have shot Ferrell 10 times herself. That I do believe 100%. If she had shot an unarmed accident victim 10 times and there was no physical evidence of a forced-entry attempt, what do you think her charges would've been?

Last edited by urbancharlotte; 09-18-2013 at 12:05 PM..
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Old 09-18-2013, 12:29 PM
 
Location: State of Being
35,885 posts, read 67,009,663 times
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Can someone provide me with a link to an exact transcript of the Homeowner's call? I have looked up links and all have just a few snippets of her call. It is possible I overlooked something on a page, of course. If someone could help me find that transcript, I sure would appreciate it.
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Old 09-18-2013, 12:31 PM
 
1,259 posts, read 1,263,787 times
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Quote:
Originally Posted by urbancharlotte View Post
Not really. I listened to her 911 call. She claims that the guy was trying to break in, but if that were true he would've done that when she had the door open. Are we supposed to believe that she actually had a door-struggle with a college football player and won?

Also, the dispatcher couldn't tell whether the guy had been in the house or not. He asked (more than once) was the guy actually in the house. This is proof that she wasn't making the events clear to the police.

She also claims that he was outside "screaming and yelling". It's too bad that he wasn't screaming and yelling more loudly. If he had been, someone in the other 4 houses within 400 feet would've heard him. The Bradfield Farms community has very few (if any) isolated homes. If every claim Mrs. McCartney made were true, the neighbors should've been alerted by Ferrell's so called "screams".

Like it or not, Mrs. McCartney's ambiguous claims and wild speculations set the stage for this innocent young man's murder. The only part of her story that I do believe is she WAS trying to find her husband's gun so she could have shot Ferrell 10 times herself. That I do believe 100%. If she had shot an unarmed accident victim 10 times and there was no physical evidence of a forced-entry attempt, what do you think her charges would've been?

Just like yesterday, u are making a ton of unfounded claims, and stating what you think may have happen as fact. She called the cops big deal. She didn't kill the guy the stupid idiot cop did. Blaming her is like blaming the gun maker. People call 911 everyday over misunderstandings, however usually a competent cop shows up. All u want to do is make this a race issue.
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Old 09-18-2013, 12:43 PM
 
6,270 posts, read 9,993,341 times
Reputation: 4723
Quote:
Originally Posted by tread102 View Post
Just like yesterday, u are making a ton of unfounded claims, and stating what you think may have happen as fact. She called the cops big deal. She didn't kill the guy the stupid idiot cop did. Blaming her is like blaming the gun maker. People call 911 everyday over misunderstandings, however usually a competent cop shows up. All u want to do is make this a race issue.
I hope this incident has taught "some folks" within our community a valuable lesson about assuming the worst. I don't think it has, but I can only hope.
Quote:
Originally Posted by anifani821 View Post
Can someone provide me with a link to an exact transcript of the Homeowner's call? I have looked up links and all have just a few snippets of her call. It is possible I overlooked something on a page, of course. If someone could help me find that transcript, I sure would appreciate it.
Everything you're looking for can be found here.

http://www.dailymail.co.uk/news/article-2423048/Jonathan-Ferrell-Police-shot-unarmed-man-TEN-TIMES-sought-help-car-crash.html
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