Freddie Gray Dies of Spinal Cord Injury After Arrest by Baltimore Police

Sep 13, 2017:

Sep 12, 2017:

Citing "insufficient evidence", the U.S. Department of Justice released a statement entitled "Federal Officials Decline Prosecution in the Death of Freddie Gray" which states the DOJ will not bring charges against any of the officers involved in the fatal injury of Freddie Gray.

Apr 7, 2017:

In Baltimore, Maryland, U.S. District Judge James K. Bredar denied the Justice Department's request for a pause for further review and assessment of the decree agreed to on January 12, saying "The time for negotiating the agreement is over."

Attorney General Jeff Sessions released a statement entitled "Statement of Attorney General Jeff Sessions on the District Court's Entry of Baltimore Consent Decree", part of which stated:

Today, a federal court entered a consent decree that will require the court and a highly-paid monitor to govern every detail of how the Baltimore Police Department functions for the foreseeable future. This decree was negotiated during a rushed process by the previous administration and signed only days before they left office. While the Department of Justice continues to fully support police reform in Baltimore, I have grave concerns that some provisions of this decree will reduce the lawful powers of the police department and result in a less safe city.

The mayor and police chief in Baltimore say they are committed to better policing and that there should be no delay to review this decree, but there are clear departures from many proven principles of good policing that we fear will result in more crime. The citizens of Baltimore deserve to see a real and lasting reduction in the fast-rising violent crime threatening their city.

Source:

Rector, Kevin. (April 7, 2017). "Federal judge approves Baltimore policing consent decree, denying Justice Department request for delay". The Baltimore Sun. Retrieved 2017-04-09.

Apr 3, 2017:

The U.S. Justice Department filed a motion in a U.S. District Court in Baltimore asking a federal judge for a 90-day pause to further "review and assess" the consent decree agreed to on January 12, citing Trump's February 9 executive order directing the government "to prioritize crime reduction".

The Justice Department also said:

The Attorney General and the new leadership in the Department are actively developing strategies to support the thousands of law enforcement agencies across the country that seek to prevent crime and protect the public.

The Department has determined that permitting it more time to examine the consent decree proposed in this case in light of these initiatives will help ensure that the best result is achieved for the people of the City.

Both Baltimore Mayor Catherine Pugh and Police Commissioner Kevin Davis said they "strongly oppose" such a delay.

Source:

Rector, Kevin. (April 3, 2017). "Justice Department asks court for 90-day pause to 'review and assess' Baltimore police consent decree". The Baltimore Sun. Retrieved 2017-04-09.

Feb 1, 2017:

At a hearing in Baltimore, Maryland before U.S. District Judge James K. Bredar, the U.S. Department of Justice said it is fully committed to the reforms and decree agreed to on January 12. Timothy Mygatt, the DOJ's deputy chief of special litigation for civil rights said:

It endures across shifting political winds. It allows there to be surety for all parties involved that there's going to be consistency.

The intent of the hearing was for the DOJ, the city of Baltimore, and the judge to discuss the reforms and decree to make sure all parties understood all the ramifications before proceeding with implementation.

Source:

Rector, Kevin. (February 1, 2017). "DOJ commits to Baltimore police reform regardless of 'political winds'; city promises to pay". The Baltimore Sun. Retrieved 2017-04-09.

Jan 12, 2017:

The U.S. Department of Justice and the City of Baltimore signed a consent decree designed to reform the Baltimore Police Department. The reforms are outlined in a 227-page agreement.

According to a U.S. Department of Justice press release entitled "Justice Department Reaches Agreement with City of Baltimore to Reform Police Department's Unconstitutional Practices":

The Justice Department announced today that it has entered into a court enforceable agreement with the city of Baltimore to resolve the department's findings that the Baltimore City Police Department (BPD) engages in a pattern and practice of conduct that violates the First, Fourth and 14th Amendments of the Constitution as well as federal anti-discrimination laws.

The consent decree, filed today in the U.S. District Court for the District of Maryland, creates a pathway toward lasting reform within BPD. The decree's requirements focus on building community trust, creating a culture of community and problem-oriented policing, prohibiting unlawful stops and arrests, preventing discriminatory policing and excessive force, ensuring public and officer safety, enhancing officer accountability and making needed technological upgrades. Under the agreement, the parties will jointly recommend an independent monitor to the court to assess whether the requirements of the agreement are being implemented.

Under the consent decree, the city of Baltimore and BPD will implement comprehensive reforms that will ensure that:

  • Baltimore establishes a Community Oversight Task Force to recommend reforms to the current system of civilian oversight.
  • BPD adopts a policing approach that is community-oriented and based on problem solving principles.
  • Officers' voluntary interactions are professional and courteous, and officers conduct all investigatory stops, searches and arrests in a manner that protects people's rights.
  • BPD provides equal protection of the law for all individuals, including providing impartial policing services.
  • Officers use appropriate de-escalation techniques and attempt to resolve incidents without force when possible; use force in a manner that is proportional to the threat presented; and BPD's use of force policies, training and review systems provide sufficient guidance, skills and accountability.
  • BPD transports detainees in a manner that keeps them safe.
  • Officers respect the First Amendment rights of all persons.
  • BPD investigates sexual assault thoroughly and without gender bias.
  • Baltimore conducts an assessment to minimize youth involvement with the juvenile and criminal justice systems, as appropriate, and that officers approach interactions with youth in a manner appropriate to their age.
  • Baltimore conducts an analysis of gaps in the city's mental health system in consultation with a committee of behavioral health experts and service providers, and BPD instructs and dispatches officers who are properly trained in interacting with people in crisis or with behavioral health disabilities when a police response is appropriate.
  • Allegations of employee misconduct are fully, fairly and efficiently investigated; that all investigative findings are supported by the appropriate standard of proof and documented in writing; and that all officers who commit misconduct are held accountable pursuant to a disciplinary system that is fair, consistent and provides due process.
  • Officers receive necessary equipment, policy guidance, training and support to do their jobs safely and effectively, and BPD performs a staffing study to ensure a sufficient number of officers and supervisors.

Aug 10, 2016:

The U.S. Department of Justice released a 164-page report entitled "INVESTIGATION OF THE BALTIMORE CITY POLICE DEPARTMENT".

The U.S. Department of Justice also released an associated press release entitled "Justice Department Announces Findings of Investigation into Baltimore Police Department" which "found reasonable cause to believe that BPD engages in a pattern or practice of":

  • Conducting stops, searches and arrests without meeting the requirements of the Fourth Amendment
  • Focusing enforcement strategies on African Americans, leading to severe and unjustified racial disparities in violation of Title VI of the Civil Rights Act and the Safe Streets Act
  • Using unreasonable force in violation of the Fourth Amendment
  • Interacting with individuals with mental health disabilities in a manner that violates the Americans with Disabilities Act
  • Interfering with the right to free expression in violation of the First Amendment

July 27, 2016:

Prosecutors dropped all charges against the remaining three officers in the Freddie Gray case.

Baltimore State's Attorney Marilyn J. Mosby said that based on the verdicts of the prior officer's cases, it was unlikely the outcome of the remaining cases would be any different.

In a news conference Mosby also said the following:

After much thought and prayer it has become clear that without being able to work with an independent investigatory agency from the very start, without having a say in the election of whether cases proceed in front of a judge or jury, without communal oversight of police in this community, without substantive reforms to the current criminal justice system, we could try this case 100 times and cases just like it and we would still end up with the same result.

Speaking at separate news conference, Lieutenant Gene Ryan, the Fraternal Order of Police Lodge 3 president, said that "justice has been done", and that Mosby's comments were "outrageous and uncalled for and simply untrue".

Source:

Rector, Kevin; Fenton, Justin. (July 27, 2016). "Freddie Gray case: Charges against three remaining officers dropped". The Baltimore Sun. Retrieved 2016-07-27.

July 18, 2016:

In the bench trial of Lieutenant Brian Rice, Judge Barry Williams found Rice not guilty on all charges (involuntary manslaughter, reckless endangerment, and misconduct in office). Judge Williams dismissed a second-degree assault charge during the trial, and prosecutors dropped a second misconduct charge at the start of the trial.

June 23, 2016:

In the bench trial of Officer Caesar Goodson Jr., Judge Barry Williams found Goodson not guilty on all charges.

June 6, 2016:

Officer Caesar Goodson Jr., the driver of the van, elected for a bench trial rather than a trial by jury. Goodson faces charges of depraved-heart murder (a second-degree felony charge with a maximum sentence of 30 years in prison), three counts of manslaughter, charges of second-degree assault, misconduct in office, and reckless endangerment.

Goodson's trail is scheduled to being this Thursday.

Circuit Judge Barry G. Williams ruled that the prosecution will not be able to present evidence that Freddie Gray told officers "I can't breathe." while being transported in the van.

May 25, 2016:

Sergeant Alicia White and Officer William Porter, two of the police officers charged in the death of Freddie Gray, have filed a lawsuit against Marilyn Mosby (the State's Attorney for Baltimore, Maryland), Major Sam Cogen of the Baltimore sheriff's office, and the state of Maryland. The lawsuit claims that Mosby and Cogen knew that certain statements made by Mosby at a May 1, 2015 news conference were false.

May 23, 2016:

In the bench trial of Officer Edward Nero, Judge Barry Williams found Nero not guilty on all four misdemeanor charges (second-degree assault, reckless endangerment, and two counts of misconduct in office).

Mar 8, 2016:

The Maryland Court of Appeals ruled that Baltimore Police Officer William G. Porter must testify at the trials of his five fellow officers. The Court also said that Porter is granted limited immunity which means any testimony he gives cannot be used in his own trial.

Dec 22, 2015:

Yesterday, a new trial date of June 13, 2016 was scheduled for Baltimore Police Officer William G. Porter.

Dec 16, 2015:

In the trial of Baltimore Police Officer William G. Porter, Judge Barry Williams declared a mistrial when, after 16 hours of deliberation, jurors could not reach a verdict on any of the four charges against him (involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office).

Sep 9, 2015:

In the city of Baltimore, a spending panel approved a $6.4 million settlement with Freddie Gray's family. Baltimore Mayor Stephanie Rawlings-Blake stated that the settlement does not imply a judgement in the criminal case against six Baltimore police officers.

Rawlings-Blake and police union president Gene Ryan are at odds about the mayor's decision. Ryan expressed concern that not one day had been spent in court before the settlement decision, and that the mayor is not supporting the "rank and file" (the Baltimore Police Department).

Sep 2, 2015:

In Baltimore, Maryland, Judge Barry Williams denied two different motions by the defense to dismiss charges against six Baltimore police officers.

The first motion claimed "prosecutorial misconduct" by State's Attorney Marilyn J. Mosby because she went too far in her May 1, 2015 announcement of charges.

The second motion claimed "conflicts of interest" between Mosby and other prosecutors in her office, asking that she and her fellow-prosecutors be recused from the case.

Judge Williams sided with defense attorneys who asked that each of the six officers be tried separately rather than in groups.

Jun 25, 2015:

At the University of Baltimore, Vanita Gupta (head of the Civil Rights Division at the Justice Department) told a crowd of about 200 people that a "very thorough and fair" investigation of the Baltimore Police Department will be conducted. She said that investigators will be looking for constitutional violations such as use of force, illegal stops, searches and arrests, and discriminatory policing. The investigation should take over one year.

Jun 22, 2015:

All six officers charged in the death of Freddie Gray pleaded not guilty.

Judge Barry G. Williams will preside over the case. A motions hearing was scheduled for September 2, 2015, and a trial date was set for October 13, 2015.

May 7, 2015:

U.S. Attorney General Loretta Lynch announced that the U.S. Department of Justice will conduct an investigation of the Baltimore Police Department, looking for possible use of excessive force and discriminatory practices.

May 6, 2015:

At a news conference, Baltimore Mayor Stephanie Rawlings-Blake asked the U.S. Department of Justice to conduct a "federal pattern or practice investigation into the Baltimore City Police Department". Note that back on October 20, 2014, the U.S. Department of Justice said it would conduct such an investigation, which still has not occurred.

May 1, 2015:

After receiving a report by the Maryland state medical examiner that ruled Freddie Gray's death a homicide, Marilyn J. Mosby, the states attorney for the city of Baltimore, announced criminal charges against six Baltimore police officers involved in the arrest and death of Freddie Gray.

As stated in The New York Times:

The most serious charges were brought against Officer Caesar R. Goodson Jr., who was driving the van that carried Mr. Gray to a police station after his April 12 arrest. Along with involuntary manslaughter, Officer Goodson, 45, was charged with "second-degree depraved heart murder," which means indifference to human life.

Lt. Brian W. Rice was charged with manslaughter, assault, misconduct in office and false imprisonment. Officer William G. Porter and Sgt. Alicia D. White were each charged with manslaughter, assault and misconduct in office. Officers Edward M. Nero and Garrett E. Miller were charged with assault, misconduct in office and false imprisonment.

In her announcement Mosby said:

Lieutenant Rice, Office Miller, and Office Nero failed to establish probable cause for Mr. Gray's arrest as no crime had been committed by Mr. Gray.

Despite Mr. Gray's seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer.

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.

To the people of Baltimore and the demonstrators across America, I heard your call for no justice, no peace. Your peace is sincerely needed as I work to deliver justice on behalf of this young man.

Source:

Malone, Scott; Simpson, Ian. (May 1, 2015). "Six Baltimore police officers face murder, other charges in Freddie Gray's death". Reuters. Retrieved 2015-05-01.

Blinder, Allen; Perez-Pena, Richard. (May 1, 2015). "Prosecutors Charge 6 Baltimore Officers in Freddie Gray Death". The New York Times. Retrieved 2015-05-01.

In response to this announcement, Gene Ryan, president of the Fraternal Order of Police Lodge 3, sent a letter to Mosby expressing concern over a possible conflict of interest, asking for the appointment of a special prosecutor.

Apr 29, 2015:

Thousands of people protested in Baltimore, Boston, Indianapolis, New York City, and Washington D.C.

Apr 27, 2015:

Riots broke out in West Baltimore after a funeral for Freddie Gray. Stores were looted, buildings were burned, and at least 15 police officers were injured. The governor of Maryland, Larry Hogan, declared a state of emergency and requested deployment of the National Guard. Mayor Stephanie Rawlings-Blake imposed a one week citywide curfew from 10pm to 5am beginning April 28.

Apr 25, 2015:

In a planned protest for Freddie Gray, some protesters damaged several police cars and 12 protesters were arrested.

Apr 24, 2015:

In a press conference Baltimore Mayor Stephanie Rawlings-Blake vows to get answers about the arrest of Freddie Gray.

Apr 21, 2015:

The U.S. Department of Justice announced it has begun a civil rights investigation into the arrest and death of Freddie Gray.

Apr 20, 2015:

On April 12, 25-year-old Freddie Gray was arrested by Baltimore Police. Cell phone video shot by a bystander shows a man, presumed to be Freddie, moaning very loud and being dragged into a police van with at least one of his legs limp and dragging on the ground. Freddie died in a hospital as a result of a spinal cord injury on April 19, but the cause of the injury is unknown.

According to Mayor Stephanie Rawlings-Blake and Baltimore Police Commissioner Anthony Batts, the results of an investigation into the arrest will be turned over to prosecutors by May 1 to see if criminal charges will be filed. Six police officers have been suspended pending the results of the investigation.

Oct 20, 2014:

The U.S. Department of Justice said it would conduct a thorough, independent, and objective review of the Baltimore Police Department.

Oct 3, 2014:

In response to the findings of a six-month Baltimore Sun newspaper investigation into allegations of police brutality, Baltimore City Council President Bernard C. "Jack" Young sent a request to The U.S. Department of Justice asking them to conduct a federal investigation.

The Baltimore Sun investigation discovered that from 2011 through late 2014, the city of Baltimore paid $5.7 million in court settlements, and the vast majority of the people involved in the 102 cases were cleared of any criminal charges. The investigation also discovered that:

City policies help to shield the scope and impact of beatings from the public, even though Mayor Stephanie Rawlings-Blake acknowledges that police brutality was one of the main issues broached by residents in nine recent forums across Baltimore.

The city's settlement agreements contain a clause that prohibits injured residents from making any public statement — or talking to the news media — about the incidents. And when settlements are placed on the agenda at public meetings involving the mayor and other top officials, the cases are described using excerpts from police reports, with allegations of brutality routinely omitted. State law also helps to shield the details, by barring city officials from discussing internal disciplinary actions against the officers — even when a court has found them at fault.

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