CHARLOTTE, N.C. - The attorney general’s office said it will resubmit its case against Officer Randall Kerrick to a grand jury Monday seeking the same charge of voluntary manslaughter.
"In the interest of justice, we will resubmit this case to the grand jury scheduled to meet Monday, January 27 to seek an indictment for voluntary manslaughter, the most appropriate charge given the facts in the case," the statement read.
A grand jury denied the AG’s request Tuesday for an indictment on that charge and told prosecutors to resubmit a bill of indictment to a lesser-included or related offense.
The Attorney General said he won't do that because the charge of voluntary manslaughter is most appropriate.
Legal expert and attorney Tony Scheer explained the new hearing could make a difference.
Mecklenburg County uses two separate grand juries and they alternate weeks.
"It's really not surprising that they'll let a different grand jury have another look at it and since it's just next week it'll be a different grand jury," Scheer said.
As a result, a new jury is expected Monday and the Attorney General's office stressed that he wanted the case to be heard by all 18 members of the grand jury.
“Whatever number of people who looked at it (Tuesday) didn't think there was probable cause for that manslaughter indictment,” Scheer said. “It is possible that the next group of grand jurors will feel the same way.”
The case stems from a September shooting of Jonathan Ferrell. Officials said Kerrick, a Charlotte-Mecklenburg Police Department officer, shot Ferrell 10 times killing him. Ferrell was not armed.
Christopher Chestnut, attorney for the Ferrell's family, released a statement after Attorney General said they would resubmit the case.
"While we are pleased that the Attorney General is going to resubmit the charges against Randall Kerrick to a new Grand Jury on Monday, we are skeptical given their inability to secure an indictment yesterday. Jonathan Ferrell was a quality human being who worked hard and cared for those around him. He deserved better," the statement read. "Whatever the findings of this Grand Jury, we will do everything in our power to ensure that his family realizes justice for Jonathan and all Americans."
The family of Jonathan Ferrell was also speaking out after a grand jury chose not to indict Kerrick.
Ferrell's mother, Georgia, and his brother, Willie, were shocked and very disappointed by the decision. They hoped the grand jury would indict Kerrick on the charge of voluntary manslaughter.
They've spent Wednesday morning being interviewed about the decision with reporters from all over the country.
Ferrell's family and attorney told Eyewitness News that the decision makes them wonder what type of evidence was presented. They want to know if the grand jury saw the dashcam video from the day of the shooting, or if the grand jury was given copies of the autopsy report.
Willie said he is hoping a different outcome.
"That everything gets done properly. They get all evidence they should get for everything to go the way it's supposed to go, the right way," he said.
Charlotte-based group True Healing Under God is planning a rally for Thursday night. It will be held at Next Level Ministries on Orr Road on Thursday at 6:30 p.m. According to organizers, local leaders will speak out against the refusal to indict and announce plans of a boycott if extreme charges are not brought forth against Kerrick.
Reporter Tenikka Smith was digging deeper after a grand jury made a rare move and refused to indict a Charlotte-Mecklenburg Police Department officer accused of shooting and killing an unarmed man.
Eyewitness News spoke to a defense attorney about this unusual decision and the strategy the attorney general could use when he puts the case back in front of the grand jury again.
Charlotte-Mecklenburg Police Department Chief Rodney Monroe said he respects the legal process that appears to have stalled after a grand jury refused to indict a police officer on a voluntary manslaughter charge in the death of a Florida man.
“As I’ve been stating all along, this is a tragic type of incident,” Monroe said Wednesday.