Charges for 6 officers defuse fury in Baltimore

Six Baltimore police officers face charges ranging from assault to second-degree murder in the death of Freddie Gray, who died from injuries suffered in police custody, State’s Attorney Marilyn Mosby said Friday.

In a midmorning announcement from the steps of the War Memorial Building, Mosby delivered a stunning narrative alleging lethal indifference and cruelty on the part of officers who arrested Gray without probable cause and transported him to the city jail on April 12. Mosby said Gray suffered a severe neck injury after being handcuffed, shackled by his feet and allowed to careen unrestrained inside the Baltimore police wagon.

After four intervening stops, including one to complete paperwork and another to pick up an additional prisoner, Gray was in cardiac arrest when the van arrived at the Western District police station. He died April 19.

The city’s medical examiner ruled Gray’s death a homicide.

The unexpectedly swift announcement transfixed a city roiled by a week of violence, unrest and demonstrations. Mosby, the daughter and granddaughter of police officers, and on the job for just four months, said she had met with Gray’s family and promised to seek accountability.

“I assured his family that no one is above the law, and I would pursue justice on their behalf,” Mosby said.

The defendants in the Gray case include the van driver who transported him, as well as the officers who apprehended him. They are officers Caesar Goodson, William Porter, Edward Nero, Garrett Miller, Sgt. Alicia White and Lt. Brian Rice.

The rapid filing of charges – only a day after police handed the results of their investigation to prosecutors – brought strong pushback from the Baltimore police union. At a late afternoon press conference Gene Ryan, president of Fraternal Order of Police Lodge 3, decried Mosby’s announcement as an egregious “rush to judgment.” The union’s attorney, Michael Davey, predicted that the officers would be exonerated.

“We believe these officers will be vindicated as they have done nothing wrong,” Davey said.

Gray’s family said it was “satisfied” by the filing of the charges. Richard Shipley, Gray’s stepfather, also issued a plea for demonstrators to assemble peacefully this weekend.

“If you are not going to come in peace, please don’t come at all,” Shipley said. “Without justice, there is no peace. But let us have peace in the pursuit of justice.”

Officers in custody

Goodson, the driver of the van, is charged with the most serious crime, second-degree depraved heart murder. The charge of second-degree depraved heart murder essentially means that a suspect held a reckless disregard for another person’s life, according to legal experts.

By afternoon, all six of the officers were in custody. A court commissioner could release them until they see a judge for a bail review hearing, said Terri Charles, a spokeswoman for the state courts.

The charges against some of the officers include involuntary manslaughter, assault, and failure to render aid.

Mosby said that the officers who first encountered Gray on the morning of April 12 had no reason to stop him and that the arrest of the 25-year-old was unwarranted. A pocket knife found on him was closed and legal, she said.

Officers “failed to establish probable cause for his arrest as no crime had been committed,” Mosby said.

Police put Gray in leg shackles and placed him stomach down on the floor of the van, despite his complaints that he could not breathe. Officers also did not secure him in a seat belt in the van, violating department policy, she said.

Party atmosphere

As news of the charges spread, the intersection of Pennsylvania Avenue and West North Avenue was pretty much like a party, with dozens of riot police manning the corners. Cars drove through the intersection honking their horns rapidly: one smiling man even got on his car and pressed down on the horn for emphasis. Amani Lewis, 20, a student at the Maryland Institute College of Art, stood a few feet into the crosswalk, dancing and raising her fist in celebration.

“Justice for Freddie Gray!” she yelled toward the passing cars. Then, turning toward a companion, she laughed and added, “Coming soon.”

As for what prosecutors revealed about how Gray was treated, Lewis said that was not surprising.

“It’s the brutality that we all were aware of that was present here and everywhere else,” she said. Lewis said she remained upset about what happened to Gray but heartened that something was being done about it.

“We are heartbroken, but we’re starting to see the pieces come together,” she said.

Lessons of earlier cases

Those pieces came together with a velocity that took the city by surprise Friday. The charges came less than three weeks after Gray’s arrest and subsequent death.

It was more than three months between the Aug. 9 shooting death of Michael Brown and St. Louis County prosecutor Robert McCulloch’s announcement that a grand jury decided not to indict Ferguson, Mo., police officer Darren Wilson. Nearly five months after Eric Garner died during his arrest by New York City police officer Daniel Pantaleo, a grand jury declined to deliver an indictment.

The speed with which Baltimore officials moved to file charges appeared a clear sign of determination to get out ahead of events and defuse tensions. It came before a weekend of scheduled demonstrations and protests.

But it also pointed to a larger change in the environment after nearly a year of unrest and debate in cities across the country about police conduct in low-income neighborhoods.

“The climate and the expectations are different,” said David Harris, a law professor at the University of Pittsburgh and an expert in police use of force. “We want the standards to be the same. The law hasn’t changed.”

Mayor ‘heartbroken’

The two elected officials leading the response to the week’s events struck distinctly different tones in their reactions.

Mayor Stephanie Rawlings-Blake said she was “sickened and heartbroken” by Mosby’s announcement of the charges. She said that the city’s police force serves the city with bravery and distinction but that illegal force would not be tolerated.

“Those of you who wish to engage in brutality, in misconduct, in racism – let me be clear: There is no place in the police department for you,” Rawlings-Blake said.

Maryland Gov. Larry Hogan, who has been highly visible throughout the city, was much more restrained, issuing a statement five hours after Mosby’s announcement. He focused largely on a call for continued calm in the city.

“I strongly urge everyone to continue to conduct themselves in a peaceful manner in the days ahead,” Hogan’s statement said. “The last week has been very difficult for the people of Baltimore, and emotions are still running high. ... I believe in the criminal justice system, and we will all see this process play out over the coming months.”

This story was originally published May 1, 2015 at 8:44 PM with the headline "Charges for 6 officers defuse fury in Baltimore."