Baltimore cop cleared in death of Freddie Gray
Judge rules second of six cops not culpable in case that sparked widespread rioting
BALTIMORE — Prosecutors are 0-for-2 in their efforts to hold Baltimore police accountable in the arrest and death of Freddie Gray after an officer was acquitted Monday in the racially charged case that triggered riots a year ago.
Trial No. 3 — that of van driver Caesar Goodson, who prosecutors believe is most culpable in Gray’s death — is set to begin in two weeks. He is charged with second-degree murder.
On Monday, a judge cleared Officer Edward Nero of assault, reckless endangerment and
misconduct, concluding that Nero played little role in Gray’s arrest and wasn’t responsible for the failure to buckle the black man into the police van where he suffered a broken neck.
Upon hearing the verdict, Nero hugged his attorney and appeared to wipe away a tear.
Nero, who is white, was the second of six officers charged in the case to stand trial. The manslaughter case against Officer William Porter ended in a mistrial in December when the jury deadlocked. Prosecutors plan to retry him in September.
Some legal experts said the judge’s ruling was so narrowly tailored that it provides little guidance to what could happen in the upcoming trials.
Baltimore defense attorney Warren Alperstein, who watched the trial, said Nero wisely elected a nonjury trial, because a judge is more capable of applying the complex constitutional questions involving what is a proper arrest.
The van driver, though, should put his fate in the hands of a jury, because “when you’re facing a murder charge, as Goodson is, you do not want to put all your eggs in one basket,” Alperstein said.
Protesters gather
About a dozen protesters gathered outside the courthouse as the verdict was read, but they were far outnumbered by members of the media.
Nero’s lawyers said he and his wife and family are “elated that this nightmare is finally over.”
“The state’s attorney for Baltimore City rushed to charge him, as well as the other five officers, completely disregarding the facts of the case and the applicable law,” they said in a statement.
Prosecutors had no comment; they are under a gag order.
David Weinstein, a Florida attorney and former federal civil rights prosecutor who has been following the case, said the verdict will probably serve as a “wake-up call” for prosecutors.
‘Rush to judgment’
“This speaks to the notion a lot of people had when this first happened, which is that it was a rush to judgment,” Weinstein said. “The state’s attorney was trying to balance what she had with the public outcry and call to action given the climate in Baltimore and across the U.S. concerning policing, and I think she was overreaching.”
Gray died a week after suffering a spinal injury in the back of the van while he was handcuffed and shackled but not belted in.
His death set off rioting, looting and arson that prompted authorities to declare a citywide curfew and call out the National Guard to quell unrest in Baltimore for the first time since the riots that erupted in 1968 over the assassination of the Rev. Martin Luther King Jr.
Nero remains on desk duty and still faces a departmental investigation that could result in disciplinary action.
Mayor Stephanie Rawlings-Blake noted the departmental review and pleaded for calm.
“We once again ask the citizens to be patient and to allow the entire process to come to a conclusion,” she said.
Gray’s family settled with the city for $6.4 million in September. An attorney for the family, Billy Murphy, said they respected the verdict, and he commended the judge for resisting “enormous pressure” and showing “tremendous courage in ruling against public opinion.”