by: Mark Becker Updated:
CHARLOTTE, N.C. - Channel 9 learned some new details Wednesday in the shooting of an unarmed man by a Charlotte-Mecklenburg police officer.
On Wednesday, George Laughrun, a defense attorney for CMPD Officer Randall Kerrick, said the dashcam video of the incident shows Jon Ferrell was told to stop, but kept advancing with one hand partially concealed behind his back.
"His hands were not up in the air," Laughrun said. "You can see one of his hands partially behind his back concealed as he advanced on the officers."
This statement refutes Ferrell's family's attorney, Chris Chestnut, about the dashcam video, who said Tuesday there was no warning from officers to stop before the shooting.
"There is a command of get on the ground but frankly I'm not sure if that was after the shooting started," Chestnut said Tuesday when he spoke to Channel 9.
Charlotte Police Chief Rodney Monroe said Ferrell was told to stop and Kerrick's attorney agrees.
"He was given at least three verbal commands to get on the ground, get on the ground, he did not," Laughrun said.
Monroe said the first gunshots were from just a few feet away and there was physical contact between the two after the first shots were fired.
Monroe and the Ferrell family's attorney said it was clear Ferrell was not armed and Monroe said deadly force was not justified.
Eyewitness News has requested a copy of the dash cam video but has not been able to see it yet. Channel 9 reached out to the office of Chestnut on Wednesday night, but did not immediately hear back.
Also on Wednesday, sources told Channel 9 witnesses reported to investigators they saw Ferrell drinking alcohol and smoking pot in the hours before he crashed his car.
The toxicology report has not been released to back up those claims.
Police said Ferrell crashed his car Saturday morning near Reedy Creek Road and knocked on a woman’s door.
Chestnut said Ferrell had been in the neighborhood dropping off a friend and that he was lost and disoriented after the accident.
The woman called police and said that someone was trying to break into her home.
LISTEN: 911 call
Officers said Ferrell ran at them when they arrived.
One officer failed to stop Ferrell with a stun gun.
Kerrick then opened fire, shooting 12 times, hitting Ferrell with 10 of those bullets.
Members of the Fraternal Order of Police are only saying they support Kerrick, but five days after he was charged, some officers are still concerned that is has increased tensions on the streets.
“The conversations I’ve had, there are some people who are angry and want to take immediate action, and there are some voices saying, ‘Let’s be calm,’” said Charlotte Mecklenburg Community Relations Committee Director Willie Ratchford.
Ratchford’s group gets involved when questions of police conduct, particularly when race becomes an issue, and so far, he said he doesn’t think it’s become a dividing issue in this case.
“There seems to be a diversity of opinion on both sides,” he said.
And then there is the fallout on criminal cases that involve Kerrick.
Channel 9 searched and found about two dozen that prosecutors will have to review and may dismiss after his arrest.
For complete coverage on the CMPD officer charged case visit our special section here.