Astronaut Mark Kelly talks to Charlotte audience about space, wife Gabrielle Giffords, and perseverance

Astronaut Mark Kelly -- who became the center of international attention when his wife, former U.S. Rep. Gabrielle Giffords, was shot in the head during a 2011 assassination attempt -- was the keynote speaker at the Charlotte-Mecklenburg Police Foundation's annual luncheon.

The foundation raises money to fund police needs not included in the city's budget.

In remarks at the Westin Hotel that lasted about 45 minutes, Kelly touched on a number of subjects, from his wife's obsession with U2 lead singer Bono to the unpredictability of life.

On his wife: "She's doing well, she's in a good mood." He said Giffords goes through about six hours of physical therapy five days a week, and puts in extra work on weekends. At some point, Kelly said, Giffords plans to continue in public service, although they're not sure in what capacity.

He said the couple has been invited to the Democratic National Convention in Charlotte in September. She's capable of traveling, but the family doesn't know whether the convention will conflict with her rehabilitation schedule.

He said the shooting brought his family face-to-face with the unpredictability of life. "I'd flown into space and I'd flown 35 combat missions, but Gabby almost lost her life just doing her job," he said. "It's important for everyone to understand things can change for us in an instant."

On his arm: Kelly was wearing a sophisticated brace to immobilize his right arm. He said he had torn his bicep while using some of his daughter's pole-vaulting equipment. Kelly said he had pole-vaulted in high school. "I was telling my wife about how much my arm hurt," Kelly said. "She looked up from her fruit and yogurt and said 'You've gotta be kidding me.'"

Perseverance: The accomplished astronaut said at first he was a horrible pilot. When he first landed on an aircraft carrier, his instructor said "Are you sure this is for you?"

"How good you do at the beginning of anything you try is not an indication of how good you'll be if you don't give up," Kelly said.

Kelly said his wife teaches him lessons on perseverance. "She tells me each and every day to deny the acceptance of failure," he said. "This woman will not give up."

The final flight of the Space Shuttle Endeavor: Kelly was scheduled to command the final flight of the Space Shuttle Endeavor before Giffords was shot. "This was going to be the pinnacle of my career, and I told my boss, you've gotta replace me," he said. Giffords was ultimately moved to a rehabilitation facility in Houston, which allowed Kelly to continue training. "This was a controversial decision for me," he said. On the day Endeavor touched down, Kelly said, Giffords wasn't there as she usually was because she was having surgery.

-Cleve R. Wootson Jr.
Twitter: @CleveWootson
cwootson@charlotteobserver.com

Summoned to jury duty? There's an app for that.

Mecklenburg County residents summoned to serve on a jury can now access information about their duty online.

By visiting jury.mecklenburgcountync.gov, people can search for information by entering their juror ID number or Social Security number. The website allows them to confirm their juror status and date, request a deferral for duty and even create an email reminder. People using a smart phone will be automatically redirected to the county's mobile application.

Since the online jury management system was developed nearly a year ago, the county has received about 4,400 requests for deferral and more than 3,100 requests to be excused from duty through the website, officials said.

Court officials said they believe the app will reduce the costs and manpower needed to respond to mail and phone inquiries regarding jury duty.

This is the county's third mobile site. Mobile apps are also available to search arrests and warrants in the county.

--Meghan Cooke

In "suicide by cop" case, pull gun or Taser?

Gun or Taser?

That was a choice two police officers had to make in what Charlotte-Mecklenburg Police are calling an apparent “suicide-by-cop” attempt Tuesday night in northern Charlotte.

Police say the suicidal man, Fred Daye, claimed he was schizophrenic and told 911 dispatchers that he'd gone off his medication. When officers got there, Daye told the officers he wanted to die and that he wanted the officers to pull the trigger.

Officers told Daye to show his hands, but at some point, he reached into his jacket

What happened next will likely be mulled over by police officers and the general public for weeks, though officers point out that situations like this are almost always a split-second decision.

One officer shot his Taser at Daye and another fired his department-issued shotgun. The shotgun round struck Daye's left elbow, police said, but it's unclear whether he was struck by the pellet or the wadding from the round. Doctors described the man's injury as a "flesh wound."

Police are still investigating whether officers responded appropriately. “Those and other matters are being examined during these parallel investigations," CMPD spokesman Rob Tufano said. "We’re going to investigate this incident thoroughly before making any of those determinations.”

But, in a close reading of the police account, an officer could make a case for pulling either weapon. The police department has a use of force continuum, and officers are trained to respond with the appropriate amount of force for any given situation -- everything from verbal commands to firing a police-issued weapon.

CMPD's directives provide some insight into what an officer should do when faced with a threat. Often, using a particular type of force is not an "either-or" proposition. In fact, police say, an officer's professional presence and verbal commands are uses of force that are always present, even when other force is applied.

And one particular use of force, or weapon, can be used to de-escalate several types of conflicts. Pepper spray, for example, can be used to combat defensive resistance (like when a person won't move from a blocked sidewalk) or aggravated aggression (like when a suspect approaches an officer with a knife).

In a previous case where law enforcement officers applied different uses of force, one officer was fired. In 2008, Brian Howie was shot after he was confronted by officers at a gas station on Central Avenue. An officer reported he suspected Howie had been drinking and tried to hide drugs in his car, so the officer called for backup. Howie was also shocked with a Taser during the incident.

Jenny Curlee, the Charlotte-Mecklenburg police officer who shot Howie, was fired after a review board found the shooting was unjustified. -- Cleve R. Wootson Jr.

Indictment spells out former officer's drug dealing arrest

Officers weren't surprised to find the drugs and the guns while searching an east Charlotte house at the tail end of a massive joint investigation.

But, police say, they were surprised to be arresting one of their own -- former police officer Theodore Kennedy.

Kennedy was arrested Monday at the tail end of a four-month investigation into suspected drug dealers using motels in northern Charlotte as a way station for crime.

Kennedy, who served as an officer from 1977 until 1993, is charged with possession with intent to distribute cocaine. His wife, Roberta Kennedy, is also charged.

Little is known about Kennedy's time on the force. (In 1985, he shot a west Charlotte man in the mouth during stepped-up police activities after a shootout at Piedmont Courts. He wasn't charged with a crime.)

But the Kennedys alleged drug connections are spelled out in a federal indictment that was submitted on Monday.

On Monday morning, according to the indictment, Charlotte-Mecklenburg Police officers were attempting to serve an arrest warrant on Kerwin Burke at 5042 The Plaza. (According to WCNC-TV, Burke is the boyfriend of Kennedy's daughter.) Officers figured Burke was at the home because his 1996 Chevy Caprice Classic was parked there.

But when officers knocked on the front door, they were met by Kennedy, according to the affidavit. His wife came to the door too and consented to officers searching the house.

When officers entered the couple's bedroom, they saw what appeared to be a mixture of crack and cocaine on the bed -- in all about 17.6 grams. Kennedy entered the bedroom and said "That's all hers."

Officers asked Kennedy if he had any guns or weapons inside the bedroom and he responded "Yeah, I have a couple."

Officers found seven guns scattered through the bedroom. They also found another baggie of cocaine in a dresser drawer. The drawer also contained "Kennedy's police identification from his previous service with CMPD."

Monroe said Kennedy's status as a former officer won't shield him.

"No one is immune from this," Monroe said at the news conference on Monday. "If you choose to engage in drug sales or gun-running in this community, you're a target." -- Cleve R. Wootson Jr.

Prosecutors: Ponzi scheme takes $40 million from victims

A federal grand jury in Charlotte this week indicted four men in connection with what prosecutors allege was an investment fraud conspiracy.

Prosecutors have accused the men of operating "hedge funds" as part of a conspiracy that took in $40 million from victims for a Ponzi scheme operating under the name Black Diamond Capital Solutions.

The indictment alleges that the defendants lied to get money from their victims by claiming, among other things, that they had done due diligence on Black Diamond and were operating legitimate hedge funds with significant safeguards. In reality, prosecutors say, neither claim was true.

Prosecutors allege that one of the men stole more than a million dollars from victims to build his personal mansion.

To read the U.S. Attorney's Office's news release, click here.

To read the indictment, click here.

-- Gary L. Wright

Settlement: Former councilman Turner wins big

Former Charlotte City Council member Warren Turner at first was fired in July 2010 from his job as a state probation officer. The following year he lost his bid for reelection.

But Turner, 47, appealed his firing. This month, a year and a half after the firing, he got his job back. He’s no longer a probation officer. But he’s working for the same salary only now as an judicial services coordinator for the probation office in Gaston County. Judicial services coordinators are responsible for the intake of new probation cases, preparing pre-sentencing reports and conducting initial risk-needs assessments.

Turner was fired for missing meetings or drug screenings with at least 14 probationers, according to the termination letter released in 2010 by the DOC. The DOC also said Turner falsified at least one record of a home visit with a probationer and reported visiting with probationers on days that he was on leave or wasn’t scheduled to work.

N.C. Department of Correction officials aren’t saying much about Turner’s firing and reinstatement. The settlement agreement says the DOC and Turner have agreed that the only statement they’ll make about the firing, reinstatement and reassignment is:

“The DOC has reviewed the formal appeal of Mr. Warren Turner. After careful consideration of the issues raised by both  Mr. Turner and DOC, the parties have reached a mutual settlement agreement. The Department reviewed Mr. Turner’s level of career experience and agrees to his reinstatement.”

But it’s clear from the settlement agreement that Turner won big. He’ll get back pay from the date of his firing to the date of his reinstatement. The state also has agreed to pay $10,000 to Turner’s legal counsel for the cost of his appeal.

To see the  settlement agreement, click here.

Gary L. Wright

CMPD offers workshops for Mecklenburg residents

Registration is now open for the Charlotte-Mecklenburg Police Department's spring workshops for the public.

The "community education workshops" will teach people about the department's history, recruitment process, training of recruits and officers, crime prevention techniques, criminal investigations, gangs, volunteer opportunities and more.

The workshops are open to Mecklenburg County residents age 18 and older. Applications are not necessary to attend, but registration for each workshop is required.

Mecklenburg residents who are at least 18 years old can also apply to participate in the Citizens Academy program. Those who participate in this program will be able to see exercises and demonstrations of police operations. An application and background check is required to participate in the Citizens Academy.

The workshops will be held from 6:30 p.m. to 9:30 p.m. Tuesdays and Thursdays at CMPD headquarters on East Trade Street in uptown or at the Police and Fire Training Academy on Shopton Road in southwest Charlotte.

The workshops begin March 13.

For more information and registration, visit CMPD's website or call 704-432-1655.

--Meghan Cooke