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Story highlights
- Freddie Gray suffered fatal spinal injury while being transported in police van, prosecutor says
- Six police officers are charged in Gray's death
(CNN)In
publicly outlining her case against six police officers in the death of
Freddie Gray, Baltimore's chief prosecutor faulted what they did -- and
did not do.
Among the
allegations: Failure to find probable cause, illegal arrest, failure to
seek or render medical aid, gross negligence and misconduct.
"The
findings of our comprehensive, thorough and independent investigation
coupled with the medical examiner's determination that Mr. Gray's death
was a homicide ... has led us to believe that we have probable cause to
file criminal charges," State's Attorney Marilyn Mosby told reporters from the broad steps of the downtown War Memorial.
Gray
suffered a fatal spinal injury on April 12 while being transported
"handcuffed, shackled by his feet and unrestrained" in a police van,
Mosby said.
Michael Davey, an attorney
for the Baltimore Fraternal Order of Police who spoke on behalf of the
six officers and their attorneys, told reporters that none of the
officers injured or harmed Gray. "They are truly saddened by his death,"
Davey said. "These officers did nothing wrong."
These are the actions that Mosby said resulted in the charges against the six, based on the statement of probable cause:
Officer Garrett E. Miller
Miller,
26, who joined the force in 2012, was one of three officers on bike
patrol on the morning of April 12 in Baltimore. One of the other
officers made eye contact with Gray, who began running.
Gray
eventually surrendered and was handcuffed. He was "placed in a prone
position with his arms handcuffed behind his back. It was at this time
that Mr. Gray indicated that he could not breathe and requested an
inhaler to no avail," Mosby said.
Officer Garrett E. Miller
Miller
and another officer placed Gray in a seated position. They found a
knife in his pants pocket. The blade of the knife was folded into the
handle. It was not a switchblade, and legal to carry under Maryland law.
"Mr. Gray was placed back down on his
stomach at which time Mr. Gray began to flail his legs and scream as
Officer Miller placed Mr. Gray in a restraining technique known as a leg
lace," the prosecutor said.
The three
officers failed to establish probable cause for Gray's arrest. No crime
had been committed. The arrest was illegal, Mosby said.
When
the police van arrived, Miller and the two other officers loaded Gray
into the wagon. At no point was Gray secured by a seat belt as is
required. A while later, at Baker Street, Miller and the officers
removed Gray from the wagon, placed handcuffs on his wrists and leg
shackles on his ankles. They completed paperwork before loading Gray
back into the wagon. He was placed on his stomach headfirst on the
floor.
Miller is charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
Lt. Brian W. Rice
Rice,
41, an officer since 1997, was one of the officers on bike patrol
during the initial encounter with Gray. He made eye contact with Gray,
who then ran. Rice and others failed to establish probable cause for
Gray's illegal arrest. Later, Rice and two other officers handcuffed
Gray and put shackles on his ankles. The officers placed Gray back on
the floor of the wagon, face down.
Lt. Brian W. Rice
Rice
is charged with involuntary manslaughter, second-degree assault, two
counts of misconduct in office and false imprisonment.
Separately,
records from the Carroll County, Maryland, Sheriff's Department show
that Rice was taken to a hospital in 2012 because of concerns about his
mental health.
The concerns were raised
by another officer who is also the mother of Rice's child, according to
the records. At the time, deputies confiscated Rice's guns and alerted
his superiors in Baltimore.
The records
show that Rice said he "could not continue to go on like this" and
threatened to do something in his laundry room if the mother of his
child "did not come over to his residence." His specific threat was
redacted from the documents. It's unclear how long Rice was at the
hospital.
Rice could not be reached for comment.
Officer Edward M. Nero
Officer Edward M. Nero
Nero,
29, on the job since 2012, was the third officer on bike patrol when
Gray was arrested. Mosby said Nero held Gray down until the wagon
arrived. Along with Rice and Miller, Nero failed to establish probable
cause for what Mosby called an illegal arrest. Nero also assisted Rice
and Miller later in cuffing and shackling Gray.
He is charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.
Officer Caesar R. Goodson Jr.
Goodson,
45, who joined the police department in 1999, drove the transport
wagon. He had been directed to deliver Gray to the central booking
facility.
At one point, Goodson parked the van to check on his prisoner.
Officer Caesar R. Goodson Jr.
"Despite
stopping for the purpose of checking on Mr. Gray's condition, at no
point did he seek nor did he render any medical assistance for Mr.
Gray," Mosby said.
Goodson returned to
the driver's seat and headed toward central booking with Gray still
unsecured. After several blocks, the officer called dispatch to say he
needed to check on his prisoner. He requested additional units.
Another
officer arrived and, with Goodson, went to the back of the wagon. Gray
requested help and said he could not breathe. One officer asked Gray if
he needed a medic. Twice, Gray said he needed medical assistance. The
officer helped lift Gray from the floor to a bench in the van.
Again,
the officers failed to restrain Gray or request medical assistance.
Goodson then responded to a separate call for assistance in an arrest.
"Despite
Mr. Gray's obvious and recognized need for medical assistance, Officer
Goodson in a grossly negligent manner chose to respond ... with Gray
still unsecured by a seat belt in the wagon, without rendering or
summoning medical assistance," Mosby said.
At
the next stop, Goodson was met by Miller and three other officers. He
walked to the back of the wagon to check on Gray. Goodson and the other
officers saw that Gray was unresponsive.
Still,
Goodson picked up a new prisoner and drove to a police station to drop
him off. He failed to restrain Gray for at least the fifth time, Mosby
said. Gray was no longer breathing.
Goodson
is charged with second-degree depraved-heart murder, involuntary
manslaughter, second-degree assault, two counts of manslaughter by
vehicle and misconduct in office.
CNN
legal analyst Sonny Hostin said the depraved-heart murder charge
appeared to indicate the prosecutor believes Goodson was "one of the
worst actors" in Gray's death.
"Depraved heart means he intentionally, willfully and deliberately acted with depraved indifference to human life," she said.
Sgt. Alicia D. White
White,
30, an officer since 2010, was present during one of the stops to check
on Gray's condition. White and two other officers saw that Gray was
unresponsive on the floor of the wagon.
White,
who was responsible for investigating two citizen complaints related to
Gray's arrest, spoke to the back of the prisoner's head.
Sgt. Alicia D. White
When
Gray did not respond, White allegedly did nothing. She had been advised
that Gray needed a medic but made no effort to assess his condition.
"Despite
Mr. Gray's seriously deteriorating medical condition, no medical
assistance was rendered or summoned for Mr. Gray at that time by any
officer," Mosby said.
Later, White and
two other officers attempted to remove Gray from the wagon. He was no
longer breathing. A medic later determined Gray was in "cardiac arrest
and ... critically and severely injured."
Gray
was rushed to the University of Maryland's Shock Trauma Center, where
he underwent surgery. On April 19, he was pronounced dead from his
injuries.
"The manner of death, deemed a
homicide by the Maryland State Medical Examiner, is believed to be the
result of a fatal injury that occurred while Mr. Gray was unrestrained
by a seat belt in the custody of the Baltimore Police Department wagon,"
Mosby said.
White is charged with involuntary manslaughter, second-degree assault and misconduct in office.
Officer William G. Porter
Officer William G. Porter
Porter,
25, who joined the force in 2012, responded when Goodson asked for
additional units to check on Gray. The prisoner told Porter he could not
breathe. Porter asked Gray if he needed a medic. Gray said "yes" twice.
The officer helped lift Gray to a bench but did not assess his
condition or call for medical assistance. Porter also was present later
when Goodson picked up another prisoner, and White and others discovered
that Gray was unresponsive.
Porter is charged with involuntary manslaughter, second-degree assault and misconduct in office.
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