Former CMPD officer and lawyer analyzes body cam footage from deadly shooting

As both an attorney and a former CMPD officer, Walter Bowers of Wooden Bowers Law, is able to provide a unique perspective on the video just released by CMPD.

“The first thing that comes to mind is it's an unfortunate situation and a tragedy for the city,” Bowers told FOX 46 Monday.

The body cam footage shows officer Wende Kerl shoot and kill an armed suspect outside the Burger King on Beatties Ford Road three weeks ago.

Officers asked Danquirs Franklin repeatedly to put the gun down. Bowers believes from a legal standpoint, the shooting was justified.

“He is an imminent threat to the individual in the passenger seat,” he said, “and he's certainly an imminent threat to those officers who are in a very close proximity to him at the time.”

The passenger in the car was the Burger King’s General Manager.

On the FOX 46 Facebook page, some commented saying the officer was quick to shoot.

Bowers said, “It's really hard to hope that he goes from where he was to drop [the gun] instead of going from where he was to right here,” he said pointing his hand straight forward.

North Carolina law states an officer is justified in using deadly force to defend him/herself or a third person from imminent use of deadly physical force.

“The officer had to make a split-second decision,” Bowers said. “That's what I would ask and hope everyone recognizes.”

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