WATCH: North Carolina Cop Kills Black Man at Burger King, Lawsuit Filed
On June 11 a federal lawsuit was filed against the Charlotte Mecklenburg Police Department for the killing of a black man in a Burger King parking lot.
The victim is 27-year-old Danquirs Franklin, he was in the midst of putting a gun down as ordered by the shooting officer, but Franklin was shot anyway.
The Charlotte Observer reports Franklin was shot and killed on March 25, 2019 by Officer Wende Kerl of the Charlotte Mecklenburg Police Department.
Franklin showed up at a Charlotte, NC Burger King with a gun and threatened several employees. Franklin was enraged that the mother of his kids was in a relationship with another man, so he went to the woman's burger flipping job. PINAC reported in 2019 how Franklin was seen jumping onto counters and going to the back areas of the Burger King kitchen knocking over food.
Police were called, Kerl and other officers showed up to the Burger King shortly thereafter. The lawsuit claims Kerl, "violated her training and shocked the other officer on hand when she opened fire on Franklin."
Kerl is seen on video yelling commands for Franklin to drop the gun several times. Franklin is seen knelling beside a car where he was praying with a pastor that worked at the Burger King. Franklin decides to pull out the gun and drop it. As he takes the gun from his jacket pointed in a non lethal or aggressive nature-- Kerl shoots him several times immediately.
Franklin was trying to drop the gun as Kerl commanded. His fingers were not even on the gun trigger. In fact the gun was even pointed in Franklin's direction. Kerl was never criminally charged in the shooting as Mecklenburg County District Attorney Spencer Merriweather refused to charge the officer citing there was no evidence Kerl committed a crime by killing Franklin.
The Citizen Review Board of Charlotte even made a unanimous recommendation that Franklin's shooting was unjustified, yet Charlotte City Manager Marcus Jones rejected the board's recommendation.