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Family of man killed by police outside Burger King files lawsuit against city, officer

By WSOCTV.com News Staff
By WSOCTV.com News Staff

CHARLOTTE, N.C. — Danquirs Franklin was 27-years-old when he was shot and killed by CMPD Officer Wende Kerl outside a north Charlotte Burger King last year.

After months of investigation, District Attorney Spencer Merriweather announced that he would not pursue charges against Kerl, and Franklin’s family issued a statement saying whether or not Kerl should have been charged is the DA’s decision but, "Danquirs should be alive today.”

Now, nearly one year later, Franklin’s family has filed a lawsuit against the city of Charlotte and Kerl for wrongful death and negligent training.

Kerl shot and killed Franklin in the parking lot of the Burger King on Beatties Ford Road in March 2019.

The lawsuit details what was going on in Franklin’s life leading up to his decision to go to the restaurant that day.

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According to his family, the mother of his three children worked at the Burger King and was having an affair with a male co-worker. They said Franklin was so distraught by the situation that he voluntarily committed himself to the hospital for psychiatric care.

After he was released, he made an agreement with the mother of his kids that she would move out of the house they were living in together, but was allowed to watch the kids at the home in the evenings while he was at work.

According to the lawsuit, one of Franklin’s kids told him that while he was at work, the mother’s co-worker and boyfriend was in the home. The family said on the day of the shooting, Franklin went to the Burger King to confront the co-worker who he felt had wrecked his home life.

When he got to the Burger King, the lawsuit states he left his two children in the lobby, went behind the restaurant’s counter and chased after the boyfriend, who ran throughout the kitchen and then outside. Franklin chased after the man, and pointed a gun at him but did not shoot.

The family said that after he chased the man out of the restaurant, Franklin put the gun away and became “tearful.”

According to the lawsuit, employees called 911 after Franklin walked in with the gun.

By the time officers got there, Franklin was outside kneeling near a car with the store manager in it, who family members said he knew well after coming to the restaurant several times to let his kids see their mother.

The family said the manager, who is an ordained minister, was praying with him and as Franklin calmed down, he laid his head on the manager’s chest and started to cry.

According to the lawsuit, when the officers rushed toward the car yelling for Franklin to show his hands, Franklin lifted his head and froze.

Investigators said Franklin was still armed and officers repeatedly yelled commands at him. The lawsuit states neither officer asked or ordered him to show his hands again, instead, they repeatedly told Franklin to “drop the weapon” -- doing so more than 20 times in less than 30 seconds.

As Franklin attempted to comply and pull the gun out of his pocket, Kerl shot him twice, killing him. His last words were “you told me to,” according to the lawsuit.

Kerl said when Franklin reached into his jacket and pulled out a gun, she feared for her life, her partner’s life and the passenger’s life in the car next to Franklin.

But family members said Kerl’s decision was unreasonable and excessive. They said she failed “to follow settled principals for remaining safe in such a situation” and then killed Franklin “because he was obeying her repeated commands to put down his pistol.”

The lawsuit claims Kerl escalated a situation that had already calmed down.

CMPD officer won't face charges in fatal shooting outside Burger King CMPD officer won't face charges in fatal shooting outside Burger King

Franklin’s death sparked controversy across Charlotte. Groups held several peace rallies outside the restaurant claiming the officer-involved shooting harmed the trust-building process with the community.

After the DA’s decision to not press charges against Kerl, the State Bureau of Investigation reviewed the shooting and decided that it was justified.

Family members appealed the decision to the City’s Citizen Review Board, a body organized to review use of force by CMPD officers. The CRB ruled against CMPD and said that the shooting was not justified.

Before that decision, Charlotte’s Fraternal Order of Police said the review was unfair to Kerl because the board didn’t let her attorneys attend.

The board has reviewed 94 cases -- this was the second time it’s ruled against CMPD.

According to the lawsuit, the city and Kerl breached the duty of care owed to Franklin by a reasonable officer. They said the city of Charlotte has a duty to train its CMPD officers to reasonably respond to situations like the one in this case.

“Both the City Manager and Chief of Police fully ratified the actions of Defendant Kerl in killing Franklin and her reasons for killing him. Thus, the City is also liable to Plaintiff for the violation of Franklin’s Fourth Amendment rights,” the lawsuit reads.

Family members said that Kerl was negligent in the fact that she did not use commands that are “commonly used to safely detain an armed person and secure a weapon" and that she killed him despite him following her commands.

They said she panicked and " failed utterly to recognize that Franklin was doing exactly what she ordered him to do when she shot him dead."

After the shooting the lawsuit claims neither officer attempted any first aid to stop Franklin’s bleeding and they solely focused on getting the gun. Franklin was on the ground unattended for at least eight minutes before paramedics arrived to help.

According to the lawsuit, if Kerl was properly trained as CMPD claims, then Franklin would be alive.

The family is also suing the officer for assault and battery.

'He should be alive': Family of man killed by CMPD officer at Burger King speaks out 'He should be alive': Family of man killed by CMPD officer at Burger King speaks out

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