Prosecutor charges 6 Baltimore officers in Gray's death
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» Prosecutor charges 6 Baltimore officers in Gray's death
01/05/15 12:31 from AP Top Headlines At 7:05 a.m. EDT
BALTIMORE (AP) -- Baltimore's top prosecutor announced criminal charges Friday against all six officers suspended after a man suffered a fatal spinal injury in police custody, saying "no one is above the law."...
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More news for Homicide Charges Against Police in Freddie Gray Case
01/05/15 12:31 from AP Top Headlines At 7:05 a.m. EDT
BALTIMORE (AP) -- Baltimore's top prosecutor announced criminal charges Friday against all six officers suspended after a man suffered a fatal spinal injury in police custody, saying "no one is above the law."...
By Ray Sanchez and Dana Ford CNN
(CNN) -- Shortly after being elected chief prosecutor, Baltimore City State's Attorney Marilyn Mosby said prosecutors in the hardscrabble town had the "toughest job in America."
Mosby, who took over her first elected post in January, now faces what is likely to be the toughest case of her nascent career -- deciding whether criminal charges should be filed against Baltimore police officers in the controversial death of Freddie Gray.
Gray, 25, died in police custody from a fatal spinal cord injury, one week after he was arrested. Six officers involved in his arrest have been suspended with pay pending an investigation.
Mosby, 35, who comes from a long line of police officers, including her grandfather, four uncles and her mother, assumes a key role in the latest case to draw national attention to the issue of relations between police officers and the communities they are sworn to serve.
"My grandfather was one of the first African-American police officers in Massachusetts and one of the things he instilled on us is the importance of public service," Mosby said in a campaign video.
Freddie Gray's mysterious death has turned the largely black city near the nation's capital into a tinderbox where mostly peaceful demonstrations on Monday erupted in pockets of looting and rioting in the hours after Gray's funeral.
A 10 p.m. citywide curfew was put into effect two days ago, and National Guard troops have joined Baltimore police in an attempt to maintain order.
On Thursday, as police handed their investigative files over to the state attorney's officer a day earlier than planned, supporters of the former insurance company lawyer expressed confidence in Mosby's ability to handle the volatile case.
'We have much more confidence in her'
"We're enthusiastic about the new prosecutor," said William "Billy" Murphy Jr., a former Baltimore judge who is now the lead attorney for Gray's family. "She comes to the office with a belief in the integrity of these kinds of investigations. We have much more confidence in her than we have in the police because there's never been any level of confidence, nor should there be, in the police investigating themselves."
Mosby confirmed in a statement Thursday that she had received the police's investigative report. She said that while police have regularly briefed her office on their findings, her team has been conducting its own independent probe into the April 19 death.
"While we have and will continue to leverage the information received by the department, we are not relying solely on their findings, but rather the facts that we have gathered and verified," Mosby said. "We ask for the public to remain patient and peaceful and to trust the process of the justice system."
Mosby is married to Baltimore City Councilman Nick Mosby, who represents areas of West Baltimore where riots erupted earlier this week. The couple have two young daughters.
"She's my wife," Nick Mosby told CNN on Thursday. "She's a strong woman. She was built for this ... I was at church service the other day and they were talking about being at the right place with the right person at the right time. I know her heart has always been convicted to ensure that justice will be served fairly and equally across the board."
Cousin's death brought exposure to criminal justice system
During her campaign, Mosby spoke about the broad daylight shooting death of her 17-year-old cousin on her front doorstep.
"I learned very early on that the criminal justice system isn't just the police, the judges and the state's attorney," she said. "It's much more than that. I believe that we are the justice system. We, the members of the community, are the justice system because we are the victims of crimes."
Mosby said her cousin's 1994 murder was her first introduction to the criminal justice system.
"Having to go to court and deal with prosecutors," she said. "Having to go to court and see my neighbor who had the courage and audacity to cooperate with the police ... to testify in court and the way the district attorney's office treated my family is something that inspired me."
Mosby, who grew up in Boston, is the youngest chief prosecutor of any major city in the United States, according to the state's attorney's website.
At the age of 6, Mosby was accepted in a school desegregation program in Massachusetts. She later participated in a study of the civil rights movement.
"After having that awesome experience I knew I wanted to be an attorney," she said during her campaign.
A. Dwight Pettit, a civil rights attorney and Mosby supporter, said he believes she will "deliver on doing it right, and getting it right. I'm confident in that."
"She's very dedicated and part of what she campaigned on was bringing integrity to the office, and so I believe that she will move in a methodical way," he said. "And I think that she will follow where the evidence leads. I do not think she will follow just public opinion."
Prosecutor said it's time to rebuild trust
When she was sworn in as chief prosecutor earlier this year, Mosby brought up the lack of trust between the community and police.
"Our time to repair that trust, to come together collectively as a community to start to break down the barriers to progress in our communities is now," she said.
Mosby added, "As a black woman who understands just how much the criminal justice system disproportionately affects communities of color, I will seek justice on your behalf."
Mosby is African-American, as are Mayor Stephanie Rawlings-Blake, Police Commissioner Anthony Batts and other leading Baltimore officials. Although about 63% of Baltimore's population is black, they face stunning disparities when it comes to income, employment, poverty, housing, incarceration and overall health.
The people on Mosby's transition team included former Mayor Kurt Schmoke, former congressman and NAACP president Kweisi Mfume and Murphy, who is now representing Gray's family.
Schmoke, a former state's attorney and Baltimore's first African-American mayor, said Mosby's background will buy her time with a tense community anxious for justice.
"I actually think that the level of patience will actually increase primarily because the state's attorney, Marilyn Mosby, was recently elected," he said. "She has a level of credibility with the community that will allow for that patience. I can't say how long, but I do think that people will give her a little bit more time to do it right rather than to do it fast."
Mosby defeated Gregg Bernstein as state's attorney in a 2014 election.
"Baltimore prosecutors get to see it all in court -- we've got the toughest job in America," she said in a statement after the election.
Mary Koch, another attorney for Gray's family, said the new chief prosecutor has her work cut out for her.
"The family wants the truth and they want it to be arrived at very carefully and that's not going to be an easy job for Ms. Mosby," said Koch, adding: "That's her job. That's the job she took on."
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BALTIMORE—Six city police officers were to be charged Friday in the death of Freddie Gray, a 25-year-old man who died last month after suffering a severe spinal injury in police custody, the city’s chief prosecutor said.
The most severe charge appeared to be second-degree murder, filed against Officer Caesar Goodson, who was driving a transport van that brought Mr. Gray to the Western District police station after his April 12 arrest.
Other charges included involuntary manslaughter, assault, false imprisonment and misconduct in office, Baltimore State’s Attorney Marilyn Mosby said at a news conference. Warrants were issued for their arrests, Ms. Mosby said.
Lawyers for the officers couldn’t immediately be reached for comment.
Ms. Mosby said Mr. Gray was injured after being placed in the van in handcuffs and leg shackles without a seat belt. Police ignored several requests during the trip from Mr. Gray for medical help, and he was unresponsive and not breathing when the van reached the police station, Ms. Mosby said.
Mr. Gray died April 19. His death led to near-daily protests, and riots and looting broke out in Baltimore after his funeral Monday.
Earlier Friday, the head of the union representing Baltimore police said in a letter to Ms. Mosby that none of the officers involved in the arrest was responsible for Mr. Gray’s death. “To the contrary, at all times, each of the officers diligently balanced their obligations to protect Mr. Gray and discharge their duties to the public,” wrote Gene Ryan, president of the Fraternal Order of Police, Baltimore City Lodge No. 3.
Mr. Ryan called in the letter for an independent prosecutor in the case, which Ms. Mosby called unnecessary.
The state attorney of Baltimore, in a unexpected announcement, said Friday that she had probable cause to file homicide, manslaughter and misconduct charges against the police officers in the death of Freddie Gray, who died after sustaining a spinal cord injury while in police custody.
In a news conference Friday, the state attorney, Marilyn J. Mosby, described repeated mistreatment of Gray. She said that time and again police mistreated Gray, arresting him with no grounds, violating police procedure by putting him in cuffs and leg cuffs in the van without seat belting him and then repeatedly failing to get him medical attention. She said that when he was removed from the wagon, “Mr. Gray was no longer breathing at all.”
The death, Mosby said, is believed to be the result of a fatal injury to Gray while he was riding in the van without a seat belt. As she announced the charges, there was cheering from people in the crowd.
All six officers were charged, one with second-degree murder. Mosby said warrants had been issued for the officers’ arrests; she did not know if anyone was in custody.
“We have probable cause to file criminal charges,” Mosby said. As Mosby spoke outside the War Memorial here, dozens of police officers dressed in riot gear stood nearby.
From the start the police mistreated him according to her account. She said that the knife Gray was carrying was not a cause for arrest. “The knife was not a switchbladed and it is lawful.” She said officers “failed to establish probable cause for an arrest.”
The announcement came a day after the Police Department completed its initial investigation into Gray’s death and also handed its findings to Mosby’s office.
Alan Blinder reported from Baltimore, and Richard Pérez-Peña from New York.
People protesting the death of Freddie Gray and demanding police accountability took to the streets in Baltimore's Sandtown neighborhood again Thursday night. Andrew Burton/Getty Images hide caption
People protesting the death of Freddie Gray and demanding police accountability took to the streets in Baltimore's Sandtown neighborhood again Thursday night.
Andrew Burton/Getty Images
The death of Freddie Gray was a homicide, and there is "probable cause" for criminal charges, Baltimore lead prosecutor Marilyn J. Mosby says, citing her office's "thorough and independent" investigation and the medical examiner's report on Gray's death.
Mosby, the city's recently elected state's attorney, announced a range of charges against several Baltimore police officers, with the offenses ranging from one count of second-degree murder and four counts of involuntary manslaughter to assault and misconduct in office. Warrants have been issued for their arrest, she said.
The prosecutor's investigation found that there had been no reason to detain Gray — and that his arrest was in itself illegal, Mosby said. She said that the knife that police officers had found Gray was carrying turned out to be legal.
After announcing the charges, Mosby noted her own ties to the police community — including her mother and father. She thanked officers who are committed to serving the community.
We'll have more details from the announcement and any documents released by the prosecutor's office.
Update at 11:15 a.m. ET: Three Officers Face Manslaughter Charges
According to a release from the prosecutor's office, three officers are facing manslaughter charges and one faces an additional count of "second degree depraved heart murder."
That murder charge carries a possible penalty of 30 years in prison; the manslaughter and assault offenses carry a maximum penalty of 10 years in prison.
From the release:
Officer Caesar R. Goodson, Jr.: Second degree depraved heart murder; involuntary manslaughter; second-degree assault; manslaughter by vehicle (gross negligence); manslaughter by vehicle (criminal negligence); misconduct in office
Officer William G. Porter: Involuntary manslaughter; second degree assault; misconduct in office
Lt. Brian W. Rice: Involuntary manslaughter; two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment
Officer Edward M. Nero: Two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment
Officer Garrett E. Miller: Two counts of second degree assault; two counts of misconduct in office; false imprisonment
Sgt. Alicia D. White: Involuntary manslaughter; second degree assault; misconduct in office
Update at 10:51 a.m. ET: Recounting Details Of Gray's Arrest
Running down an exhaustive account of Gray's arrest and treatment while in custody, Baltimore's chief prosecutor is listing numerous occasions on which Gray was not properly restrained with a seatbelt while he rode in the back of a police van.
Update at 10:48 a.m. ET: Gray's Death A Homicide, Prosecutor Says
Mosby said she has assured Gray's family that "no one is above the law," also cited her oath of office, in which she promised "uphold justice."
She said that her review of the case found there had been no reason to detain Gray, and that his arrest was illegal.
The leading prosecutor in Baltimore spoke at a 10:30 a.m. news conference held in downtown Baltimore. The occasion brought a large show of force from both police and National Guard personnel who have been called on to secure the area since violence and vandalism broke out Monday night.
Earlier today, the local chapter of the Fraternal Order of Police says it has sent a letter to Mosby, asking her to appoint a special independent prosecutor in the case. The chapter's president alleged that she had "many conflicts of interest" in the case. This morning, Mosby said she would be handling the case herself, adding that the people of Baltimore had elected her.
Mosby spoke one day after receiving the Baltimore Police Department's report on Gray's death. The findings aren't public, and police revealed only a few new details when they announced the transition in the case Thursday.
NPR and other news organizations have asked Baltimore's police department to release its report on the arrest and death of Freddie Gray, as well as for related documents and materials such as tapes of 911 calls made when Gray was taken into custody.
Our original post continues:
Gray died on April 19, one week after being taken into custody. Police have said that during his transport, Gray wasn't buckled in properly and did not receive timely medical care. Six police officers remain suspended over the case.
As the Two-Way has reported, when police turned over the documents to State's Attorney Marilyn Mosby in Baltimore, they announced that "the van transporting Freddie Gray, the 25-year-old black man who suffered a serious spine injury while in police custody and later died, made one more stop than previously thought."
The roughly 40 minutes that Gray spent in the van have emerged as the focal point in the inquiry over how he sustained the injury.
That extra stop was discovered through a review of recordings made by security and private cameras, Deputy Police Commissioner Kevin Davis said. He added that another detainee who was riding in the van told police that Gray was "still moving around ... kicking and making noises" until the van reached the police station.
That second detainee rode in the police van on the other side of a metal partition that divides its cargo space. When he was picked up, Gray was already in the van.
Local news WJZ-TV reports that Donta Allen, 22, was that second man — and that he came forward Thursday out of concern over how his comments were being portrayed by both the police and the media.
"When I was in the back of that van it did not stop or nothing. All it did was go straight to the station, but I heard a little banging, like he was banging his head," Allen said. " I didn't even know he was in the van until we got to the station."
Saying his words have been distorted by recent reports and that he doesn't think Gray hurt himself intentionally, Allen also told a WJZ reporter, "The only reason I'm doing this is because they put my name in a bad state."
Allen, who was reportedly taken into custody for a minor offense and was not charged with a crime, also spoke to WBAL TV. He told the station that when he got into the van, he didn't know Gray was already there. He said he heard "a little banging for like four seconds."
WBAL aired surveillance camera footage that shows officers looking into Gray's side of the van during the stop that also picked up Allen.
When the van arrived at the police station, Allen said he heard the officers say that Gray didn't have a pulse and was unresponsive — and that another officer later said, "He's got vitals now, he must've come back."
The sequence of events has led to wide-ranging questions over what happened: Was the van driven in a way that caused Gray's injury? When did Gray become unresponsive? Were the sounds Allen heard caused by a seizure experienced by a gravely wounded man?
The Baltimore Sun reports: "Maryland's chief medical examiner, Dr. David R. Fowler, said his office has not completed an autopsy or turned any documents over to police or prosecutors. He said homicide detectives had observed the examination, a routine practice."
When it's complete, Fowler's report will go straight to the state's attorney's office, the newspaper says.
NPR and other news organizations have asked Baltimore's police department to release its report on the arrest and death of Freddie Gray, as well as for related documents and materials such as tapes of 9-1-1 calls made when Gray was taken into custody.
Protesters have been calling on police to reveal more information about the case.
Thursday was the third night of Baltimore's 10 p.m.-5 a.m. curfew. Ahead of the deadline, crowds of demonstrators marched downtown amid a large police presence. Baltimore's curfew is expected to remain in effect through this weekend.
According to The Associated Press, here's what protesters were chanting Thursday night:
- "I love Baltimore. We want peace."
- "No justice, no peace."
- "Justice. Freddie Gray."
- "Black lives matter."
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Events leading to Gray’s arrest and hospitalization
BALTIMORE —Six Baltimore police officers have been charged with several counts, including one who was charged with second-degree murder, in the high-profile death of Freddie Gray, who died from injuries suffered in police custody, State’s Attorney Marilyn J. Mosby said Friday.
The officers, including a lieutenant and a sergeant, have been suspended after the incident. Gray suffered a spinal injury and died after riding in a police transport van that made several stops.
The charges against some of the officers include second degree murder, involuntary manslaughter, assault, failure to render aid and other charges. Mosby said warrants have been issued for the officers’ arrest.
“I assured his family that no one is above the law and I would pursue justice on their behalf,” Mosby said.
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Residents clean up from the looting and fires that plagued parts of the city Monday after the funeral for Freddie Gray.
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Residents clean up from the looting and fires that plagued parts of the city Monday after the funeral for Freddie Gray.
April 30, 2015 People take part in a march to Baltimore City Hall in protest of the death of Freddie Gray from a spinal injury he suffered while in police custody after his arrest April 12. Ricky Carioti/The Washington Post
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At a morning news conference, Mosby said the medical examiner had ruled Gray’s death a homicide.
On Thursday, Baltimore’s police officials said they turned over their initial report to prosecutors — a day earlier than expected.
The Gray case is an ongoing investigation and a challenging one. It puts Mosby in the spotlight. She is 35 years old, making her one of the youngest people to hold such a high level position and has been on the job for less than four months. She is also the wife of Baltimore City Council member Nick Mosby.
Mosby said Gray requested an inhaler during the van ride and that he began to flail and was held “against his will.”
She said Gray had a knife on him at the time of the incident, but that it was not a switchblade. She said the knife was “lawful under Maryland law.” Officers “failed to establish probable cause for his arrest as no crime had been committed” Mosby said.
Officers “illegally arrested Mr. Gray,” she said. Police say his legs were shackled and he wasn’t wearing a seat belt, which authorities say was a violation of policy. Mosby said they failed to restrain Gray with a seat belt at least five different times.
She also expressed her sympathies to the Gray family and said she had meet with them, assuring them would seek justice in the case. She said her office has worked 12- and 14-hour days in advance of Friday’s announcement.
Mosby’s comments come as Baltimore awoke for the third straight night of relative calm with no reports of violence following days of tension.
City officials have said they are prepared for protests and rallies Friday that are expected to be held throughout the day. A curfew that runs from 10 p.m. to 5 a.m. will remain in effect throughout the weekend.
The latest developments in the case have involved findings that Gray suffered serious head injuries while he was in a police transport van that made several stops. But it is not known how the injuries, which overall are consistent with what medical examiners often see in car collisions, happened.
Police said Thursday that the van made an additional stop, bringing the total to four, while taking Gray to the Western District station. Another prisoner, who was separated from Gray in the back of the van, was quoted by police in a search warrant affidavit that it seemed Gray was intentionally banging against the walls of the van in an attempt to hurt himself.
Baltimore residents have spent the last few days cleaning up streets littered with broken glass and burned-out storefronts as they try to get back to normal routines. But it is all happening under the shadow of an onslaught of media and a heavy law enforcement presence, including the National Guard.
Mosby said she heard people’s call for “No Justice, no peace” and urged protesters to show no violence.
The Maryland Office of the Chief Medical Examiner said Friday that it has completed its autopsy investigation and completed its report in the Gray case. It said it has given the report to the state’s attorney’s office, according to Bruce Goldfarb, a spokesman for the Medical Examiner’s office.
“Our work is done,” Goldfarb said.
Goldfarb said he could not release the report, nor could he release any determination on the cause and manner of death.
Overnight, the city was relatively calm. By 11 p.m., an hour after the curfew went into effect, hardly anyone was on the streets.
Just before the curfew began, about 100 people were milling about on the now well-known corner of North and Pennsylvania avenues, an area now known as ground zero where a CVS drugstore was looted
Baltimore Police Capt. Bernard Douglas waded into a crowd of demonstrators near ground zero. Dressed in the uniformed white shirt of command staff, he was the only high-ranking policeman — at that moment — who was not behind a line of patrol officers.
“My mandate is to come out and talk to the people and see what the momentum is” so he can direct police resources, Douglas said.
At first, Douglas started talking one-on-one with a few demonstrators, but he was soon surrounded by people peppering him with questions on Gray’s death.
Because the case is under investigation, he did not answer. He was quickly shouted down with chants of “No justice, no peace.” A few epithets regarding law enforcement and the curfew were also directed at Douglas. Once the group started chanting loudly, he walked away.
“They are just loud; I’m not really concerned about any type of violence right now,” he said. “And that’s the thing. We have to have the courage to talk to people in real time, on the ground. That’s the most important thing.”
Some in the group reacted.
“We just want clarity,” said Kenyetta Willis, 34, one of the group that surrounded Douglas. “He didn’t get through to anyone.”
Ricardo Bains, a 32-year-old with an old-fashioned camera around his neck, shook his head as Douglas was surrounded.
“He’s over here by himself; he was trying to explain,” Bains said of Douglas. “They’re stressing him out. . . . It’s ignorant.”
Baltimore police said they are also investigating what they believe is a suspicious death of a man whose body was found Thursday night in a tractor-trailer cab parked about a block from the area of ground zero. But authorities said they do not believe the death is connected to the protests.
Activists and church leaders have been saying for the last few days that the city needs to clean up and work on healing.
At the New Psalmist Baptist Church, about 1,500 people gathered Thursday evening.
“The state has used all of its resources, and yet no one feels victory over the situation,” said Bishop Walter Thomas, pastor of the church. “People feel disenfranchised. They feel powerless and they feel hopeless. We have to bring them the resources for a different way to view life.”
There were also protests around the country in support of Gray’s case, including one in Philadelphiathat drew thousands of people.
Hedgpeth reported from Washington. Hamil R. Harris, Peter Hermann, Arelis Hernandez, Dan Morse, Perry Stein Rachel Weiner, Matt Zapotosky and Julie Zauzmer contributed to this report.
Lynh Bui is a Prince George's County public safety reporter and former Montgomery County education reporter.
Dana Hedgpeth is a Post reporter, working the early morning, reporting on traffic, crime and other local issues.
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BALTIMORE (Reuters) - Six Baltimore police officers will face criminal charges, including second-degree murder and manslaughter, in the death of a black man who was arrested and suffered fatal injuries while riding in a moving police van, the city's chief prosecutor said on Friday.
Marilyn Mosby, the state's attorney for Baltimore City, said Gray, who died a week after his April 12 arrest, suffered a critical neck injury as a result of being handcuffed inside the van. She said officers failed to provide medical attention to Gray even though he asked for it on at least two occasions.
Warrants have been issued for the arrest of the officers charged in the case, she said. In addition to murder and manslaughter, charges include assault, misconduct and false imprisonment.
In a dramatic news conference, Mosby said the Maryland chief medical examiner ruled Gray's death a homicide and that his spinal injuries occurred while he was riding without restraints in the van.
Gray was no longer breathing when he was finally removed from the van, Mosby told a crowd, which broke into applause after she finished speaking.
Gray's death on April 19, a week after his arrest, is the latest flashpoint in a national outcry over the treatment of African-Americans and other minority groups by U.S. law enforcement.
After a night of rioting in Baltimore on Monday, protests spread to other major cities in a reprise of demonstrations last year set off by police killings of unarmed black men in Ferguson, Missouri, New York and elsewhere.
(Writing by Frank McGurty; Editing by Grant McCool)
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BALTIMORE — Baltimore prosecutors, in an unexpected announcement, said Friday they had probable cause to file homicide, manslaughter and misconduct charges against police officers in the death of Freddie Gray, who died after sustaining a spinal cord injury while in police custody.
In a news conference, the state’s attorney, Marilyn J. Mosby, described repeated mistreatment of Mr. Gray. Time and again, she said, police officers mistreated him, arresting him without grounds and violating police procedure by putting him in handcuffs and leg restraints in the van without putting a seatbelt him.
Ms. Mosby also said the officers had repeatedly failed to seek medical attention for Mr. Gray after he was injured. By the time he was removed from the van, she said, “Mr. Gray was no longer breathing at all.”
The death, Ms. Mosby said, is believed to be the result of an injury Mr. Gray sustained while riding in the van without a seatbelt.
As she announced the charges at the War Memorial here, there was cheering from people in the crowd. Dozens of police officers dressed in riot gear stood nearby.
Ms. Mosby said six officers would be charged, one with second-degree murder. She said warrants had been issued for the officers’ arrests; she said she did not know if anyone was in custody.
“We have probable cause to file criminal charges,” Ms. Mosby said.
She said that the knife the police say Mr. Gray was carrying was not a cause for arrest. “The knife was not a switch-bladed and it is lawful.” She said officers had “failed to establish probable cause for an arrest.”
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