CHARLOTTE, N.C. (FOX 46 CHARLOTTE) - The family of the man shot by a CMPD officer says he was killed following officers' commands to drop his weapon.
Danquirs Franklin was shot in the parking lot of a Burger King back in March. In July, last week, the District Attorney's office handed down a decision saying that the officer who pulled the trigger, Wende Kerl, would not be criminally charged.
Now, Franklin's family is speaking out, saying they're disappointed with the decision, and that there's more to this story.
"He's dead today because he followed the commands given to him by the police," said Luke Largess, the family's attorney.
Largess questions the commands given to Franklin moments before he was shot and killed.
Surrounded by Franklin's family and friends, Largess addressed that issue and painted a picture of what sent Franklin to the Burger King with a gun that day.
"The investigation never uncovered the betrayal that so upset Danquirs that day," said Largess.
The family believes he was distraught after learning of alleged infidelities of the mother of his children. Largess says Franklin went to confront the man who worked with his ex at the fast food restaurant on Beatties Ford Road.
"The image of him with a gun in the store scaring people is the image of this incident but for the time he was in there he never once fired the pistol," Largess said.
After the co-worker ran away, Largess says Franklin became tearful and put the gun away. When officers arrived, the body camera video shows Franklin huddled by a car. Largess says he was praying.
He says in order to cooperate with officer's commands, Largess says Franklin had to reach into his pocket. That's when Officer Kerl pulled the trigger.
"Instead of telling him to raise his hands which would have showed he didn't have the gun in his hands - told him only drop the weapon--drop the weapon --when he moved slowly to do so, within 1/10th of a second of the gun being visible, he was shot and killed doing what he was ordered to do."
Last week, the DA's office released a 162-page report explaining why Officer Kerl would not face criminal charges.
She told investigators she feared for her life.
The family says Franklin was a devoted father of three and a hard worker who never should have been shot.
"Danquirs Franklin should be alive today," Largess said.
FOX 46 asked if Franklin's family plans on filing a lawsuit. They have not made a decision yet, but say it is something they are seriously thinking about.
Franklin's family is hosting a school supply drive this weekend in his honor.
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