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Freddie Gray: A Case that Shook Baltimore

family photo

BALTIMORE, Md. (AP) - An attorney for Freddie Gray's family says they are frustrated by Thursday's verdict and remain supportive of the state's attorney who brought charges against the offices.

A judge acquitted Caesar Goodson the van driver of all charges including "depraved-heart" murder on yesterday in Gray’s death.

The 25-year old Gray died of a spinal injury that he suffered while being transported after his arrest.

Billy Murphy, the lawyer for the family, said cameras should be allowed in Maryland courtrooms so the public can watch high-profile cases like Gray's for themselves.

He said the public's inability to see what happened in the courtroom is driving much of the anger and frustration in the community.

Murphy called State's Attorney Marilyn Mosby one of the most courageous prosecutors in the country. He said the family is disappointed that the goal of the prosecution hasn't been achieved.

Protest

A small group of demonstrators has gathered at the intersection of Pennsylvania and North Avenues in Baltimore, the scene of intense protests last year after the death of a young, black man in police custody.

The People's Power Assembly organized the Thursday evening to continue to press for criminal justice reform in the wake of a judge's decision to acquit the police officer who faced the most serious charges in Gray's death.

The demonstrators, plenty of police officers, and reporters and photographers covering reaction to the verdict for Goodson are added to an otherwise normal rush hour at the intersection, which is home to a subway station and a library branch.

Police Commissioner  

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Baltimore Police Badge

Baltimore's police commissioner is commending residents for remaining peaceful in the wake of another officer's acquittal in the Gray case.

Commissioner Kevin Davis said he's pleased by the peaceful way Baltimore residents are expressing "their diverse opinions" in reaction to Wednesday's verdict.

Davis said the police department has changed since then and will continue to adopt practices "consistent with the expectations" of the community.

His statement says he believes residents will continue to act in a way that represents "the very best of Baltimore."

Police Union Reaction

Baltimore's police union president wants the state's attorney to reconsider what he calls a "malicious prosecution" against six officers in the Gray case.

Gene Ryan said after the prosecutors' third failure to win a conviction, more trials would be "an insult to the taxpaying citizens of Baltimore."

Ryan accused State's Attorney Marilyn Mosby of playing politics and said it's time to put "this sad chapter behind us."

Campaign for Justice

The Campaign for Justice, Safety and Jobs is a coalition that lobbied for changes including amending the Law Officers Bill of Rights to enable local governments to include voting civilians on police trial boards.

The campaign says in a statement that Baltimore should follow through on this if Democratic Sen. Catherine Pugh wins the mayor's office in November.

But, the campaign says, even more important is the "deep behavioral change" still needed in Baltimore Police Department culture.

The group says it's "completely unacceptable" that police argued in the murder trial of Goodson that following regulations is "up to the discretion of officers."

Delegate Curt Anderson

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Delegate Curt Anderson (D-Baltimore)

While prosecutors have yet to win a conviction in the death of Gray, a Baltimore legislator says the young black man's death in police custody has prompted reforms.

Democratic Del. Curt Anderson (D-Baltimore) spoke Thursday outside the courthouse after the verdict.

Anderson said legislation taking effect in October is "day and night" in terms of how the law treats police accused of crimes. It includes changes to the Law Enforcement Officers Bill of Rights that provide more time for citizen complaints and reduce the time officers can delay giving statements.

Background

Six officers were charged in Gray's death, but only Officer Goodson was accused of murder. Gray was fatally injured after officers bound his hands and feet and Goodson left him unprotected by a seat belt that prosecutors say would have kept him from slamming into the van's metal walls.

Baltimore Circuit Judge Barry Williams delivered his verdict after hearing five days of testimony in the non-jury trial. He also found Goodson not guilty of manslaughter, assault, misconduct in office, and reckless endangerment.

Protests and rioting after Gray's death on April 19, 2015 set the city on fire, forcing Maryland to bring in the National Guard. The unrest forced the city's mayor to abandon her re-election campaign, and the Department of Justice opened an investigation into allegations of widespread police abuse.

Police Use Pepper Spray Against Crowd during Baltimore Riots
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MSNBC
Protests Clash With Police After Gray's Death

Prosecutors said Goodson was criminally negligent when he failed to buckle Gray into a seat belt or call for medical aid after Gray indicated that he wanted to go to a hospital. But Goodson wouldn't talk to investigators or take the stand at trial, leaving the state with slim evidence of intent to harm.

The acquittal of Goodson, 46, is perhaps the most significant blow to Mosby's efforts to hold police accountable for Gray's death.

Last month, the same judge acquitted Officer Edward Nero of misdemeanor charges, and in December, he declared a mistrial after a jury failed to agree on manslaughter and other charges against Officer William Porter.

Porter faces a retrial in September, and three other officers have yet to be tried.

Gray was arrested April 12 after running from an officer on bike patrol outside a public housing project not far from the Western District station house. A neighbor's video showed him handcuffed behind his back and hoisted into Goodson's van.

The van made a total of six stops that day, and Gray was unresponsive on arrival at the station house 45 minutes later. Prosecutors said Goodson was there throughout and checked on Gray during the third and fourth stops, so he should have known Gray was in distress. They said his failure to call a medic amounts to murder.

Trial

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cell phone video
Freddie Gray's Arrest

A prosecution expert testified that Gray could not possibly have broken his own neck. Prosecutors said the injury happened somewhere between the second and fourth stops, when Goodson and Porter lifted Gray off the floor.

Porter testified that Gray was lethargic, but could breathe and speak, and didn't seem injured. Prosecutors countered that the initial injury became critical as the trip continued.

Second-degree "depraved heart" murder, which carries up to 30 years in jail, would mean that Goodson was so negligent in his inaction that he cast aside any consideration for Gray's life.

During opening statements, prosecutors for the first time accused Goodson of giving Gray a "rough ride," intentionally leaving him unbuckled "to bounce him around in the back of the van."

But by closing arguments, they all but abandoned the theory, saying Goodson's failure to belt Gray in under the circumstances was sufficient to prove the intent necessary for a murder conviction.

"Officer Goodson never calls a medic, he never takes Gray to the hospital," said Deputy State's Attorney Jan Bledsoe. "He has breached his duty, and because of that breach Freddie Gray's life was shortened."

The judge seemed skeptical, peppering prosecutors with questions and asking what evidence they had supporting the "rough ride" theory. What if Gray had emerged from the van unhurt, despite being unbuckled, and was found to be falsely claiming injury in order to avoid jail?

Chief Deputy State's Attorney Michael Schatzow said the failure to belt him in would still be a crime, although a difficult one to prosecute.

Goodson's attorney Matthew Fraling fiercely rejected the allegations, telling the judge that Goodson was a "gentle" officer who didn't buckle him in because Gray was exhibiting "violent and erratic" behavior, citing witness testimony that he was making the wagon shake back and forth by kicking and flailing inside.

Fraling also said Gray said yes when Porter asked if he wanted to go to a hospital only because Gray hoped to avoid jail.

"They have failed to cobble together any type of case with reasonable inferences, let alone evidence," he said. "The mere fact that harm resulted doesn't mean the Officer Goodson's conduct is the cause of that harm."

Impact of Verdict

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Baltimore State's Attorney Marilyn Mosby

Goodson's acquittal may impact the remaining cases. Officer Garrett Miller and Lt. Brian Rice are scheduled to stand trial in July on charges of assault, reckless endangerment and misconduct in office; Rice also faces a manslaughter charge.

All the officers but Goodson have filed defamation lawsuits against Baltimore State's Attorney Mosby and Maj. Sam Cogen of the sheriff's office, who signed the charging documents. The officers claim the criminal charges amounted to false and damaging information.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.