Court of appeals will hear 2 deadly Charlotte police shooting cases

  • In US
  • 2022-12-06 23:16:48Z
  • By WSOC

The U.S. Fourth Circuit Court of Appeals is hearing two deadly Charlotte-Mecklenburg police shooting cases.

The decision comes after federal judges dismissed the civil lawsuits filed against the City of Charlotte and the officers involved, calling the shootings justified.

On Tuesday, the appeals court heard the case of Danquirs Franklin.

PREVIOUS: Judge throws out lawsuit from police shooting outside Charlotte Burger King

Body camera video shows the moment when officer Wende Kerl shot and killed Franklin outside of a north Charlotte Burger King in 2019. Kerl repeatedly told Franklin to put the gun down and when he reached into his pocket to get it, she fired.

Police said Franklin had gone to the restaurant to confront his children's mother and her new boyfriend.

The attorney for Franklin's family claims Franklin died while trying to comply with police orders.

The attorney said the same goes for Ruben Galindo, who was killed by police in 2017 in northeast Charlotte.

PREVIOUS: DA says no charges will be filed in deadly CMPD officer-involved shooting

"Ruben, policía (police). Manos (hands), manos, manos, manos, get down, drop the gun, do it now, drop the gun," you can hear in the body camera video.

Galindo called 911 and told the dispatcher in Spanish he wanted to surrender his gun, and that he did not have bullets. When officers arrived, they shouted demands in both Spanish and English and fired shots after Galindo raised his hands holding the unloaded gun.

The appeals court will hear Galindo's case Wednesday.

In both cases, the Mecklenburg County District Attorney's Office ruled the officers involved were justified in their use of force and would not be charged. Now, the court of appeals will decide whether to uphold the dismissal of the civil lawsuits.

The rulings are expected to take months.

(WATCH BELOW: CMPD releases more video from deadly officer-involved shooting outside Burger King)


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