Investigations, demonstrations continue after officer fatally shoots armed man

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A man was shot and killed by a police officer on Monday after calls came in to 911 saying he was walking around with a gun outside of a fast-food restaurant. 

There are conflicting stories from witnesses about what exactly happened at the Burger King on Beatties Ford Road Monday morning, but 911 calls released by police reveal part of what happened moments before the CMPD officer shot and killed 27-year-old Danquirs Napoleon Franklin.

“He got a gun, he got a gun, he got a gun!” a frantic caller could be heard telling 911 dispatch around 9 a.m. on Monday. The caller went into the restaurant to make the call. Moments later, a second call came in. 

“Somebody come up and looked like he had a gun. I drove off,” the other caller told the operator.   

CMPD says Franklin walked into the Burger King on Beatties Ford Road with a gun. When officers arrived at the scene around 9:05 a.m., they told him to put the gun down and when he didn't, they shot him.

"He's getting verbal commands to drop the weapon, so it was visible, at some point there was a movement they perceived as a lethal threat and fired the weapon,” CMPD Chief Kerr Putney said.

LINK: Victim, officer involved in deadly shooting outside Burger King identified

But Preciouz Robinson says was in the drive-thru when the commotion started, and that the man killed was not the man causing the commotion on the 911 call.

“They said ‘hands, put the gun down, put the weapon down.’ What weapon? This man didn't have no weapon,” Robinson said. 

A handful of activists and friends of Franklin gathered in the Burger King parking lot around 6:30 p.m., some exchanging hugs, others holding posters reading “he didn’t have to die.” 

“It’s racially biased,” one attendee told FOX 46 Charlotte. 

City Councilman Braxton Winston also had a message: “Nobody should be killing anybody.” 

Winston lead protests in 2016 after police shot and killed Keith Lamont Scott. 

“From a city government it’s my responsibly to make sure these kinds of things don’t happen,” he said. “The fact remains these types of things keep happening in black and brown neighborhoods. You can only hope we try to get better.” 

Just down the street, the uncle of another shooting victim called for justice. 

“Peace and justice!” For the average person, even to the CMPD, if he is wrong in that situation justice all the way around don’t sweep nothing under the rug,” he said.   

The officer who fired the shot has been identified as Wende Kerl, a 23-year veteran of the force who is now on administrative leave while an investigation is underway into the moments leading up to the gunfire.

There was anticipation ahead of Monday’s city council meeting after there were rumblings of a possible protest in the evening, but the only mention of the shooting came from Charlotte Mayor Vi Lyles. 

“We are truly, truly sorry that any kind of loss has to occur like that. Keeping order is not always an easy thing. Losing someone is really, really difficult, so let me say on behalf of all of our citizens, we work hard every day to serve you well and today was a tough day for anyone that works for the city, and I hope for all of us that live here,” Mayor Vi Lyles said. 

Lyles didn't go into detail at all about the shooting, but relayed her heartfelt sorrow that there was a loss of life.

The Burger King remained closed for the rest of Monday. FOX 46 Charlotte reached out to the staff and management there, but they did not want to comment on what happened.

There’s been no word on funeral arrangements for Franklin yet, but from here there will be two investigations, criminal and internal affairs, to determine if the officer was justified in the shooting.