Freddie Gray case against cops dropped
Prosecutors withdraw charges against three remaining officers, blaming police bias.
BALTIMORE — More than a year after a black man suffered a broken neck in a police van, the effort to hold six officers criminally responsible for his death collapsed Wednesday when the city dropped all charges in the case that tore Baltimore apart and exposed deep fissures between the police, prosecutors and the people.
A day before another trial was to begin, prosecutors dismissed charges against three remaining officers, blaming police for a biased investigation that failed to produce a single conviction in the death of Freddie Gray.
Gray, 25, was fatally injured in April 2015 while he was handcuffed and shackled but left otherwise unrestrained in the back of the van. His death added fuel to the growing Black Lives Matter movement, set off massive protests and led to the city’s worst riots in decades.
Prosecutors suffered blow after crippling blow in the courtroom. A judge acquitted three other officers, including the van driver who prosecutors considered the most responsible and another officer who was the highestranking of the group. A mistrial was declared for a fourth officer after a jury deadlocked. Authorities had planned to retry him.
The case took shape soon after the rioting, when Democratic State’s Attorney Marilyn Mosby confidently announced the charges atop a sweeping staircase across from City Hall.
“To the youth of the city: I will seek justice on your behalf,” she said. “This is a moment. This is your moment.”
On Wednesday, she was fiery and indignant as she spoke from behind a podium across the street from the public-housing complex where Gray was arrested. She angrily blamed the outcome on an uncooperative police department and a broken criminal justice system.
Mosby outlined what prosecutors have called sabotage, saying officers who were witnesses were also part of the department’s investigative team. She said “obvious questions” weren’t asked during interrogations. She alleged lead detectives were slow to provide information and failed to execute search warrants for key text messages. She also accused investigators of creating notes after the case was launched to contradict the medical examiner’s conclusion that Gray’s death was a homicide.
“We’ve all borne witness to an inherent bias that is a direct result of when police police themselves,” Mosby said.
Prosecutors suffered significant setbacks in nearly every trial presented before Circuit Judge Barry Williams. At several points, the judge berated them for failing to turn over evidence to the officers’ attorneys.
Earlier this year, five of the officers filed defamation lawsuits against Mosby. As a result, she refused to answer questions Wednesday.
Two outside police departments are investigating the officers’ conduct to help determine whether they should face departmental sanctions.
Also pending is a report from the Justice Department, which has been investigating allegations of widespread abuse and unlawful arrests by Baltimore police as a result of Gray’s death. The results are expected soon.
Police Commissioner Kevin Davis said in a statement that Mosby’s decision was “wise,” and he called on residents to direct their emotions “in a constructive way to reduce violence and strengthen citizen partnerships.”
He rejected Mosby’s accusations that officers involved in the investigation were biased.
Prosecutors alleged that the officers were criminally negligent when they defied a written directive to buckle all suspects into a seat belt in the van. Instead, they were accused of placing Gray head-first into the metal compartment on his stomach.
The officers’ further erred when they chose not to call for a medic after Gray indicated he wanted to go a hospital, according to the prosecution.
The judge ruled that although the officers may have exercised poor judgment, prosecutors failed to prove that the officers tried to hurt Gray.
Last year, Gray’s family received a $6.4 million settlement from the city.
The Gray case never fit neatly into the narrative of white authorities imposing unfair justice on minorities. Three of the officers who were charged are white and three are black. The victim, judge, top prosecutor and mayor are all African-American. At the time of Gray’s death, so was the police chief.