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CHARLOTTE, NC (AP) — The North Carolina attorney general’s office is going back to a grand jury in an attempt to indict a Charlotte police officer accused of shooting an unarmed man last year.

Attorney General Roy Cooper say prosecutors will resubmit the case against officer Randall Kerrick on Monday. But Kerrick’s attorneys have asked a judge to stop their effort, saying state law prevents prosecutors from resubmitting the case.

A Mecklenburg County grand jury last week refused to indict Kerrick on a charge of involuntary manslaughter, asking prosecutors to seek a lesser charge.

Investigators say Kerrick shot 24-year-old Jonathan Ferrell on Sept. 14. The former Florida A&M football player wrecked his car and went to a nearby house and banged on the door, apparently for help. The resident called police.

(Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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