Board rules against CMPD’s decision that officer-involved shooting was justified

CHARLOTTE, N.C. — In a unanimous decision, the Citizens Review Board has ruled against the Charlotte-Mecklenburg Police Department’s decision that an officer was justified when she shot and killed a man outside a north Charlotte Burger King last March.

The district attorney and CMPD cleared Officer Wende Kerl after she shot and killed Danquirs Franklin outside the restaurant on Beatties Ford Road.

The CRB said Thursday night CMPD made a mistake, and that the shooting was not justified.

The board got the case in December after Franklin's family asked it to look at the outcome.

Before the decision, a group representing CMPD officers said the hearing was unfair to Kerl.

The Charlotte-Mecklenburg Fraternal Order of Police said the CRB didn't let both her attorneys come to her hearing.

“The Charlotte-Mecklenburg Fraternal Order of Police stands firmly alongside Officer Wende Kerl during this difficult time,” the organization said in a statement.

The board doesn’t have the power to reverse the decision clearing the officer but the ruling could open the door for policy change.

Kerl is back on the job with CMPD. This is the second time the CRB has issued a judgment against CMPD in 94 cases it has reviewed.

The next step is for the CRB to send its recommendations to CMPD, however, no timeline was given as to when that may happen.

The CRB was established on June 9, 1997.

The Board reviews appeals by citizens who file complaints on dispositions imposed by the chief of police or his designee, relating to allegations of misconduct against a sworn police officer.

The Board hears complaints regarding alleged violations of the following rules: use of force, unbecoming conduct, arrest, search and seizure, and arbitrary profiling.

The Board also serves in an advisory role to the chief of police, the city manager, and the city council.

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