CMPD officer charged in pedestrian's death appears in court

- A Charlotte-Mecklenburg police officer was back before a judge Wednesday after he was charged with hitting and killing a man in his patrol car while driving nearly 100 MPH in a 35 MPH zone. 

Investigators said Officer Phillip Barker was rushing to respond to another crash before striking James Short, 28, in his patrol car, killing him. Barker has been charged with misdemeanor death by vehicle. 

Related: Attorney for CMPD officer charged in pedestrian's death says officer did not commit a crime

Short had a red light. Officer Barker had a green light, and was running lights and sirens, responding to a car into a building with injuries, according to investigators.

Barker's attorney said while the situation is tragic, the officer did not commit a crime. Police are allowed to speed when they are responding to an emergency. 

Barker remains on unpaid administrative leave with CMPD. His case has been continued until Dec. 17. 

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