CHARLOTTE, N.C. -- Attorneys for a CMPD officer accused in a man’s death want to stop a second grand jury from indicting him.
Officer Randall Kerrick’s lawyers have filed a motion to stop the resubmission of an indictment for voluntary manslaughter charges.
The Attorney General’s office tells NBC Charlotte they plan to argue against the motion in court on Monday. A hearing is scheduled for 10 a.m.
"Our prosecutors believe the law is clear that we can resubmit this case to the grand jury," a statement from the Attorney General's office said.
Ferrell's family said Friday:
"There is no constitutional basis for a judge to deny a Grand Jury the right to hear this case as it is clear that jeopardy did not attach following the actions of the first Grand Jury. It appears that this motion was filed solely because Randall Kerrick's attorneys feel their client will be indicted once the full Grand Jury properly considers the evidence in this case when it convenes on Monday. We are confident that the motion will be denied and that the case will be heard by the Grand Jury on Monday as scheduled."
Earlier this week, a partial grand jury decided not to indict Kerrick in Jonathan Ferrell’s death. They suggested submitting lesser charges.