A judge further hollowed out the case against six police officers charged in the death of a young black man, delivering a third consecutive acquittal and ruling once again that prosecutors failed to prove officers intentionally hurt Freddie Gray.
In acquitting Lt. Brian Rice, the highest ranking officer charged, Baltimore Circuit Judge Barry Williams was unequivocal in his ruling Monday. He told prosecutors they failed to establish that Rice was aware of his duty to buckle Gray into a seat belt, and that he deliberately breached his duty in order to put Gray in danger.
“There are a number of possibilities this court could entertain, some that are innocent and some that are not,” Williams said. “However, the burden of proof rests with the state, and the court’s imaginings do not serve as a substitute for evidence.”
Gray was arrested in April 2015 when he ran from police in a high-crime area. He was handcuffed and shackled but left unbuckled in the back of a police van and suffered a critical neck injury. Gray’s name became a rallying cry for the Black Lives Matter movement.
The U.S. Justice Department launched a patterns and practice investigation into allegations of widespread abuse and unlawful arrests by the Baltimore Police Department.
Rice was cleared of manslaughter, reckless endangerment and misconduct in office. Earlier this year, officers Edward Nero and Caesar Goodson, the van driver who was facing a murder charge, were also found not guilty. Officer William Porter’s trial ended in a hung jury in December and his retrial is scheduled for September. The last two officers have trials this month and in October.
Gray died April 19, 2015, a week after he suffered a critical spinal injury in the back of Goodson’s police wagon. Prosecutors say the officers were criminally negligent and failed to provide medical attention after he indicated that he wanted to go to a hospital.
With no courtroom victories, activists are focusing on protests and police department reforms. A protest Saturday that blocked the interstate through downtown resulted in more than 60 arrests. Activists said they were demonstrating in support of having civilians sit on boards that review police misconduct cases, and spending more public money on community programs instead of policing.
Three of the officers charged are white and three are black. The victim, judge, top prosecutor and mayor are African-American. At the time of Gray’s death, so was the police chief.
In his verdict, Williams said the failure to seat belt a detainee in a transport wagon is not inherently a crime.
During the trial, prosecutors had said Rice was most responsible of the six officers charged for following police procedures to fasten a prisoner in a seat belt, citing his 18 years of experience on the force.
The officer’s attorney said police could use discretion, if they believe their safety is at risk. Rice attorney Michael Belsky said officers had concerns because Gray was not cooperative and they weren’t sure what onlookers would do if extra time was taken to fasten Gray in the van.
At a news conference, Fraternal Order of Police Lodge 3 President Gene Ryan called for the remaining cases to be dismissed, calling it “malicious prosecution against the remaining three officers.”
Despite increasing pressure from critics to drop the three remaining cases, it is unlikely Mosby will dismiss the charges.
Gray’s family received a $6.4 million settlement from the city.