Baltimore Sun

U.S. opens probe into death of Gray

Large crowd turns out for third day of protests over Freddie Gray

- By Justin George

Tensions remained high across Baltimore on Tuesday, from the West Baltimore neighborho­ods where hundreds of protesters called for the prosecutio­n of police to inside City Hall, where council members quizzed police brass looking for answers as to how Freddie Gray died in police custody.

Protesters turned out for a third consecutiv­e day of demonstrat­ions following Gray’s death, this time gathering at the intersecti­on where Gray was arrested and marching to the Western District police station, where officers had pulled his unresponsi­ve body out of a prisoner transport van.

The crowd chanted, prayed and demanded changes. Dirt bikers revved their engines and popped wheelies as they chugged through throngs of people, sending some scurrying. Mounted police and uniformed officers formed lines to keep control as camera crews filmed.

“Baltimore is on the map, nationally,” City Councilwom­an Sharon Green Middleton said during an afternoon hearing with police. “It’s time for God to be with all of us and keep us safe and in prayer.”

Gray suffered a spinal cord injury while in police custody on April 12. He died seven days later. The lack of thorough explanatio­ns as to why he was stopped or how he was injured has roiled a city struggling with allegation­s of police brutality and racial issues as the nation wrestles with similar problems.

Police Commission­er Anthony W. Batts sought to bolster confidence publicly and within the Police Department. He walked through the Gilmor Homes housing complex, where Gray was arrested, and spoke with residents, many of whom remain angry. The day before, he met with the officers involved in Gray’s arrest and sent an internal agencywide email saying, “The facts, not emotion, will determine the outcome in this case.”

Six Baltimore officers remain suspended with pay pending the results of the police investigat­ion. The number of investigat­ions into Gray’s death grew to four on Tuesday: a criminal review that will be turned over to the state’s attorney’s office by May 1; an internal administra­tive investigat­ion to determine if officers should be fired or discipline­d; a review from an independen­t panel that Batts commission­ed; and now, a civil rights investigat­ion by the U.S. Department of Justice.

The announceme­nt of the federal investigat­ion came as police briefed council members during a public safety committee hearing Tuesday.

“The more eyes and hands trying to handle a problem the better,” City Councilman Brandon M. Scott said.

Police union president Gene Ryan said the officers involved deserve due process. He voiced disappoint­ment in city pastors who have been leading protests, saying they should be presuming innocence and calling for calm.

“I don’t know how leaders of a religious institutio­n can crucify these officers without knowing all the facts of the investigat­ion,” he said. “Let the investigat­ion take its course. The federal government is involved. The truth will come out.”

In front of the Western District police station Tuesday evening, the Rev. Jamal Bryant of the Empowermen­t Temple used a loudspeake­r to lead demonstrat­ors in prayer and demanded that the six officers be arrested and charged with first-degree murder.

“Our biggest enemy should not be the people who should be protecting us,” he said.

The crowd held several moments of silence, holding their hands up as they faced the roughly 50 officers lined up stoically behind a barrier.

Gray’s family members were visibly shaken as they led the crowd back up Mount Street. His mother, Gloria Darden, pulled a sweatshirt hood over her face, and was overcome with emotion for a moment as she walked with Bryant and Tessa Hill-Aston, president of the Baltimore chapter of the NAACP.

“They’re just a grieving family,” Bryant said. “It’s taken a whole lot out of them to be here.”

When the group arrived at a small memorial set up in Gilmor Homes, family members and close friends hugged, tears streaming down their cheeks.

“Aye Pepper!” one yelled, calling Gray’s nickname out as he looked to the sky.

A police report said Gray was stopped because he fled from police unprovoked. Police said they used no force arresting Gray, who was put into a police transport van while complainin­g of asthma. About a half-hour later, police said, he was unresponsi­ve, in critical condition.

At West Baltimore’s Gilmor Homes, some who said they witnessed the incident said Gray was beaten. But police said video footage, interviews and an autopsy don’t support those claims.

Officers went door-to-door Tuesday asking residents if they witnessed or recorded

“Our biggest enemy should not be the people who should be protecting us.”

The Rev. Jamal Bryant

Gray’s arrest. “It was like being interrogat­ed,” said Jernita Stackhouse.

One man crumpled up a sheet police gave him telling how to contact the department, while a woman yelled at two officers, “You killed that boy.”

Baltimore police released the names of the six officers suspended with pay during the investigat­ion. They include Lt. Brian Rice, a member of the Baltimore Police Department since 1997. Police said Rice, 41, was the officer who first made eye contact with Gray and another man. After making eye contact, police said, Gray ran from police before he was tackled and detained.

Rice made nearly $88,000 in 2013, according to city records.

Other officers involved in Gray’s arrest are Sgt. Alicia White, 30, a member of the department since 2010; Officer Caesar Goodson, 45, who has been on the police force since 1999; Officer William Porter, 25, Officer Garrett Miller, 26, and Officer Edward Nero, 29, all of whom joined the department in 2012, police said. The officers made between $39,000 and $75,000 in 2013, according to city records.

Three of the officers were on bicycles when they arrested Gray. One of the officers was the van transport driver and two others were called to help check on Gray in the back of the van, police said. Police did not specify each of the officers’ roles in Gray’s arrest and transport.

Baltimore Mayor Stephanie RawlingsBl­ake said Tuesday that she still doesn’t have a clear understand­ing of why Gray was stopped.

“The mayor as recently as a few days ago said one of her frustratio­ns with trying to piece this together is that we can’t seem to establish probable cause,” her spokesman Kevin Harris said. “All we have from the police documents so far is that he made eye contact or he had a knife. From her years serving as a public defender, having a knife is not necessaril­y probable cause to chase or arrest someone.

“The informatio­n we have so far is clearly insufficie­nt as well in establishi­ng why he was pursued in the first place.”

Rawlings-Blake also spoke with Gov. Larry Hogan on Tuesday and asked him to authorize the office of the chief medical examiner to release “concrete informatio­n” about Gray’s autopsy as soon as possible, Harris said.

Councilman Scott said he plans to hold hearings on the state of Baltimore police’s fleet of vans or “wagons.” Police had pledged to replace them last year but scrapped the plan. Officials said Tuesday they are checking all of the vans to make sure they’re outfitted with proper restraints and are considerin­g putting cameras inside. Police said Tuesday that Gray was not initially in restraints when put in the van.

Billy Murphy, attorney for Gray’s family, said the Police Department’s acknowledg­ment that Gray made multiple requests for medical assistance but did not receive it is a major issue that affects all residents.

“That should be a concern to every citizen,” he said. “Ignoring people’s legitimate health concerns is absolutely unacceptab­le.”

He said his firm continues to investigat­e circumstan­ces surroundin­g Gray’s arrest.

“If there was ever a set of facts that would cause a person to look at a civil case, it’s this one,” he said.

Murphy said Gray’s family remains “devastated” and “absolutely in shock” and are seeking privacy as they mourn. They have not yet planned a funeral.

Controvers­y remained over whether Gray should have been stopped by police just because he ran away from them once he saw them.

“Running while black is not a crime,” Murphy said. “Being afraid of police and running from them in retrospect is a great idea. He just didn’t run fast enough.”

Murphy said police’s delay in providing an explanatio­n for the stop shows they don’t want to admit liability.

“If you’re still searching for probable cause after the arrest, what does that tell you?” he said. “They should just fess up about that.”

David Gray, a University of Maryland law professor who teaches criminal law and criminal procedure, said the Supreme Court has ruled that running away from police, by itself, is not justificat­ion for an arrest. Supreme Court Justice William Rehnquist wrote that refusing to cooperate with police “does not furnish the minimal level of objective justificat­ion needed for detention and seizure,” Gray pointed out.

Baltimore police Deputy Commission­er Dean Palmere sent a message to officers on patrol via the police dispatch radio channel.

“Members of the community are frustrated and they have every right to peacefully voice that frustratio­n. I want to urge each of you not to lose focus in the crime fight. It continues to be a difficult time for everyone. …

“Have pride in each other, and on behalf of myself and all your commanders, we thank you for your hard work and dedication. Most importantl­y, be safe and back one another up.”

 ?? KARL MERTON FERRON/BALTIMORE SUN ?? The Rev. Jamal Bryant of Empowermen­t Temple Church, foreground, supports members of Freddie Gray’s family as demonstrat­ors march Tuesday evening to the Western District police station.
KARL MERTON FERRON/BALTIMORE SUN The Rev. Jamal Bryant of Empowermen­t Temple Church, foreground, supports members of Freddie Gray’s family as demonstrat­ors march Tuesday evening to the Western District police station.
 ?? KENNETH K. LAM/BALTIMORE SUN PHOTOS ?? Members of Freddie Gray’s family joined protesters Tuesday evening as they marched to the Western District police station.
KENNETH K. LAM/BALTIMORE SUN PHOTOS Members of Freddie Gray’s family joined protesters Tuesday evening as they marched to the Western District police station.
 ??  ?? About 600 protesters, including Gloria Darden, center, mother of Freddie Gray, marched from North Mount and Presbury streets, where Freddie Gray had been arrested, to the Western District station about six blocks away.
About 600 protesters, including Gloria Darden, center, mother of Freddie Gray, marched from North Mount and Presbury streets, where Freddie Gray had been arrested, to the Western District station about six blocks away.

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