Baltimore Sun

Next steps: internal reviews

Six officers in case now on administra­tive duty

- By Yvonne Wenger Baltimore Sun reporters Pamela Wood and Wyatt Massey contribute­d to this article. ywenger@baltsun.com twitter.com/yvonneweng­er

The six officers charged in Freddie Gray’s arrest and death have been assigned to paid administra­tive duties until the completion of internal affairs reviews that will determine whether they should be fired or discipline­d.

Officer William Porter and Sgt. Alicia White were suspended without pay until Wednesday, when Baltimore State’s Attorney Marilyn J. Mosby dropped all charges against them and Officer Garrett Miller, whose trial was set to begin Wednesday. Miller has been receiving pay for performing administra­tive duties.

Police in Montgomery County, with help from Howard County officers, will conduct the administra­tive review.

The police union president, Lt. Gene Ryan, said the Fraternal Order of Police continues to back the six officers and hopes they can return to full duty with the department soon.

“Our union will continue to support our officers during the administra­tive hearings, and we believe these good officers will be returned to fulfilling their duties with the Baltimore City Police Department and serving the citizens of Baltimore every day,” he said Wednesday.

The administra­tive reviews for Lt. Brian Rice and Officers Caesar Goodson Jr. and Edward Nero — all of whomwere found not guilty of all charges by Circuit Judge Barry Williams — were already underway.

With Mosby’s decision to end the remaining criminal proceeding­s, the reviews are expected to begin for Miller, Porter and White.

All of the officers pleaded not guilty to the criminal charges. They will be compelled to cooperate with the administra­tive reviews.

Gray, 25, died in April 2015 after suffering a severe spinal cord injury in police custody.

As part of the internal investigat­ion, officers in Montgomery and Howard counties will interview witnesses and Baltimore police officers, as well as examine city policies to decide whether any of the officers broke department rules during Gray’s arrest and transport.

The outside agencies will issue a recommenda­tion to Commission­er Kevin Davis, who will decide what discipline the officers might face. If found guilty, the officers could challenge any disciplina­ry action by requesting a trial board of fellow officers.

A review by The Baltimore Sun found misconduct allegation­s are not sustained in most cases and officers are not discipline­d. Nearly nine out of 10 internal investigat­ions by Montgomery County police do not result in officers being reprimande­d or fired. The rate at which officers face discipline is roughly the same nationally and slightly higher in Baltimore.

The four officers who were charged with felonies in the Gray case had been suspended without pay.

While they can seek back pay, their police powers will remain suspended until the conclusion of their administra­tive reviews.

The officers not charged with felonies had been assigned to administra­tive duties until all of the internal affairs investigat­ions are completed. Such duties don’t require officers to exercise police powers, such as make arrests.

Nero, whose salary was $55,625 last year, was acquitted in May of seconddegr­ee assault, reckless endangerme­nt and misconduct in office charges.

He has remained on paid administra­tive duties.

The city agreed to pay Goodson more than $87,000 in back pay after he was found not guilty in June of seconddegr­ee murder and other charges.

Rice was cleared this month of involuntar­y manslaught­er, reckless endangerme­nt and misconduct in office. He started receiving his regular wage, about $100,000 a year, after his acquittal.

Porter and White had been suspended without pay, awaiting their trials.

The Board of Estimates will decide whether the officers will receive back pay, a police spokesman said.

Porter’s case ended in a mistrial in December. He was to be retried in September. He was accused of involuntar­y manslaught­er, second-degree assault and other charges.

White’s trial was scheduled for October. She faced involuntar­y manslaught­er, second- degree assault and other charges.

Miller and Porter each make about $60,000 a year. White’s salary is about $80,000.

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