CHARLOTTE, N.C. -- A judge granted the City of Charlotte and the Charlotte-Mecklenburg Police Department's motion to stay the civil proceedings in the case against CMPD officer Randall Kerrick.
A grand jury indicted Kerrick on voluntary manslaughter charges in the January shooting death of former FAMU football player, Jonathan Ferrell.
The motion to stay the civil proceedings was filed in mid-February asks that the civil proceedings be put off until the conclusion of the criminal case.
The motion states the stay would promote judicial economy and protect Officer Kerrick's Fifth Amendment right to not incriminate himself , and that the facts of both cases are substantially the same .
(Click here to view the ruling)
Tuesday, the judge also ruled that discovery will be permitted, something the city and CMPD did not want. This ruling means the Ferrell family attorneys can take the depositions for the two officers that were with Kerrick the night Ferrell was shot and killed. The judge ruled on the motion because he felt their testimony should be preserved.
The judge also hopes that the 60-day stay will allow both sides to come to some sort of agreement.
Ferrell crashed his car in northeast Mecklenburg the day of the shooting in September 2012, police said. His family s attorney says he looked for help at a home about one-quarter mile away.
A woman who saw him at the door thought he was a robber and dialed 911.
Kerrick was joined by Officers Thornell Little and Adam Neal. Kerrick, a third-year officer, was the least experienced of the three. Kerrick confronted Ferrell and fired 12 shots, 10 of which struck Ferrell, police said.