Richard D. Boner
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Richard D. Boner was a judge for the 26th Judicial District of the 7th Division of the Superior Court, serving Mecklenburg County in North Carolina. He joined the court in 1988 and retired on December 31, 2014.[1] He served as Resident Superior Court Judge from 1999 until his retirement in 2014.[2]
Biography
Boner received his undergraduate degree and his J.D. from the University of North Carolina at Chapel Hill.[3]
Noteworthy cases
Dashcam video of Jonathan Ferrell's shooting will not be released to the public
Boner ruled in late October 2013 that the dashcam footage of the shooting of Jonathan Ferrell, 26, would not be released to the public. The video was later made public in the criminal trial against the police officer who shot Ferrell. In the early morning hours of September 14, 2013, Ferrell climbed out of the back window of his car after crashing into trees in the eastern part of Charlotte. He proceeded to a nearby home where he knocked on the door to ask for help. The homeowner called the police, thinking that her home was being invaded. Three police officers responded to the call. Police described Ferrell as charging towards them. One officer attempted to taser Ferrell. Officer Randall Kerrick then shot 12 rounds, striking Ferrell 10 times. Ferrell, who was unarmed, was pronounced dead at the scene.[4][5]
Kerrick was charged with voluntary manslaughter and was released on a $50,000 bond. A probable cause hearing was scheduled.[6] An investigation of Kerrick was conducted by the Charlotte Police Department, following the protocol for officer shooting. The department issued a statement , which said:
| “ | The evidence revealed that Mr. Ferrell did advance on Officer Kerrick and the investigation showed that the subsequent shooting of Mr. Ferrell was excessive. Our investigation has shown that Officer Kerrick did not have a lawful right to discharge his weapon during this encounter.[7][8] | ” |
Boner described his decision to not make the dashcam footage of the event public to attorneys in the case, saying, "Let's keep the possible jury venirey (sic) as untainted as we can."[9] He also explained, "This case needs to be tried in a courtroom, not in the pages of the Charlotte Observer or on the 6:00 newscast, so I'm going to sign the order...I find that this dash cam is not a public record."[10] In response to a request from the City of Charlotte, Boner also delayed a civil lawsuit filed by Ferrell's family to allow time for the criminal trial to be completed. A 60-day delay in the civil case was ordered on May 13, 2014.[11]
The jury in Kerrick's criminal trial failed to find a unanimous verdict, and the case was declared a mistrial on August 21, 2015. On October 2, 2015, he resigned from the police force. Ferrell's family reached a $2.25 million wrongful death lawsuit settlement with the city prior to the conclusion of the criminal trial.[12][13]
See also
- Mecklenburg County, North Carolina
- North Carolina Superior Courts
- Judicial selection in North Carolina
External links
Footnotes
- ↑ Charlotte Observer, "Judge Richard Boner looks back on career without regrets," December 29, 2014
- ↑ Email correspondence with Richard Boner on December 29, 2017.
- ↑ Martindale.com, 'Judge Profile: Richard D. Boner," accessed May 1, 2015
- ↑ Huffington Post.com, "Johnathan Ferrell, Unarmed Man Killed in North Carolina, Was Shot 10 Times by Officer: Police," September 16, 2013
- ↑ The Nation, "Jonathan Ferrell, Former Football Player, Killed by Police After Seeking Help Following Car Wreck," September 16, 2013
- ↑ Q City Metro.com, "Lawyer says cop will be cleared in deadly shooting," September 17, 2013
- ↑ CNN.com, "Charlotte police kill ex-FAMU player who may have been running to them for help”, September 16, 2013
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ WSOCTV.com, "Judge: Dash cam video in Ferrell case not to be released," October 30, 2013
- ↑ WFAE 90.7, "Judge Grants Prosecutor Control Of Police Shooting Video; Effectively Blocks Release," October 31, 2013
- ↑ WFAE 90.7, "Judge Orders Hold On Civil Lawsuit Against CMPD Officer Randall Kerrick," May 13, 2014
- ↑ WBTC.com, "Randall Kerrick resigns from CMPD, city reaches $170 thousand+ settlement," November 7, 2015
- ↑ New York Times, "Video Is Released From 2013 North Carolina Police Shooting of Jonathan Ferrell," August 6, 2015
Federal courts:
Fourth Circuit Court of Appeals • U.S. District Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina • U.S. Bankruptcy Court: Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina
State courts:
Supreme Court of North Carolina • North Carolina Court of Appeals • North Carolina Superior Courts • North Carolina District Courts
State resources:
Courts in North Carolina • North Carolina judicial elections • Judicial selection in North Carolina
