The verdict, the first in any of the six officers implicated, comes a little more than a year after Mr. Gray died in April 2015 of a functionally severed spinal cord that he sustained while in police custody. The first trial, against Officer William G. Porter, ended with a mistrial in December. His death embroiled parts of Baltimore, which has a history of tension between the police and its residents, in violent protest and became an inexorable piece of the nation’s wrenching discussion of the use of force by officers, particularly against minorities.
May 23, 2016
"Police Officer Is Acquitted of All Charges in Freddie Gray Case."
The NYT reports.
Subscribe to:
Post Comments (Atom)
Posts
64 comments:
The officer was acquited, most likely because there is no actual evidence that he was murdered. And the case being brought in the first place was very hard to prove.
But the prosecutor wanted to play politics with it, now she has egg on her face.
How until the SJW's start burning things?
As I recall, the case was not about the use of force, but about gratuitous violence and torture. They cuffed him and sent him on a wild ride in the back of a van. The point was to leave him beat up, but they over did it and killed him. Now people will say they did nothing wrong because of what protestors did afterwards.
Hillary needs to go to Baltimore now. They need her.
Irrelevant. Family already got $6.4m in a civil settlement; no trial.
As I recall, the case was not about the use of force, but about gratuitous violence and torture. They cuffed him and sent him on a wild ride in the back of a van. The point was to leave him beat up, but they over did it and killed him. Now people will say they did nothing wrong because of what protestors did afterwards.
The guy did dives for insurance money regularly. There is zero evidence the police actually did anything wrong in this situation. Zero evidence of a "wild ride". Zero evidence that they beat him up.
The left really needs to figure this out.
They know how to get the courts to find things in the constitution that were never written there or even contemplated. But they don't know how to get innocent people convicted.
I mean, they know the guilt of the perps. But why can't he court figure it out?
It's gotta be frustrating.
The cop had good advice and did NOT let a Baltimore jury near his case. The judge made the decision.
Putting aside the history of this case, which has been terribly mis-handled by both the prosecutors and the mob (each of which have a similar history of thoughtful decision-making)...
The actions of the police killed Freddie Gray. Of that, there is no doubt. Let's stew in that for awhile.
From what I hear, the only thing this officer was being charged with was 'reckless endangerment' for not fastening Gray into a seat belt in the arrest vehicle. He was deemed to have used 'reasonable measures' in his actions.
Damiksec said, "The guy did dives for insurance money regularly. There is zero evidence the police actually did anything wrong in this situation. Zero evidence of a "wild ride". Zero evidence that they beat him up."
You means besides the video of him getting into the police van fine, then the evidence of him leaving the police van with a severed spine.
David Begley said...
Irrelevant. Family already got $6.4m in a civil settlement; no trial.
5/23/16, 11:33 AM"
Unless I'm wrong, the damages award is for economic loss. If that is the case then how does a jury compensate for a non-existing loss? Drug dealing which was Gray's occupation is illegal and thus he had no legal income to be compensated for. No one has the right to illicit income which includes the families of the criminal so why would Baltimore settle at all with the family?
The actions of Freddie Grey killed Freddie Grey.
But the, personal responsibility is so 20th century....
The NYT so much wants to stir up trouble; I will not shed a tear for them when they get caught up in it.
Fun fact--I was actually in the black part of town when I heard this news on the TV. Fortunately, no violence in the streets yet. And sad that that should even be expected. No society should have to walk on eggshells over constant fear that a community will rise in violence every time a court case goes against what they'd like.
And it sounds like this was a particularly weak case for the prosecution, and makes me wonder if Nero has a claim for false prosecution.
No surprise with this verdict.
Cubanbob
The emotional loss was huge. Great family man. And it was taxpayer or insurance company money so it doesn't count.
Following the progressive political insanity of Black Lives Matter, General Marilyn Mosby, pushed along by her Councilman husband and the Baltimore Mayor Stephanie Rawlings-Blake, overcharged six law-enforcement officers caught in the act of doing their jobs. So the Mayor then fired the Police Commissioner and the Chief of Police because police are now afraid to do their jobs - and then she called in the Feds.
So these trials will not likely be the end, because General Lynch will file civil rights charges after six acquitals by Baltimore Municipal Judge Barry Williams.
I like the "As you can see, we are dumber than shit" radio interviews with the mob.
Three of the officers charged are black. I presume that they come from humble backgrounds and successfully overcame many of the challenges that Freddie Gray found insurmountable. Why are there no black leaders who speak out in their defense?.........I can't help but think that if George Zimmerman had killed a white kid under the same circumstances as that of Trayvon Martin the good people of La Raza would rally to his defense. It's not what you do. It's who you do it to.
"No one has the right to illicit income which includes the families of the criminal so why would Baltimore settle at all with the family?"
Because buying the favors of the mob with other people's money is what Democrats do.
"The actions of the police killed Freddie Gray."
If you were a witness, I suggest you volunteer to testify under oath. It's your civic duty !
One the other hand, if you are a bullshitter, welcome to bullshit central.
The "victim" had a history.
The presiding judge is a black man and was a former Federal prosecutor who successfully prosecuted crimes of police misconduct both in the United States and the Virgin Islands.
"why would Baltimore settle at all with the family?"
Why did Los Angels drop $1.5 million on a black fireman who was a bully and who was pranked by a couple of guys he had bullied, when they put dog food in spaghetti ?
Averting a trial that could have revealed embarrassing details about hazing within the Los Angeles Fire Department, the City Council voted Friday to pay nearly $1.5 million to a black firefighter who was served a meal laced with dog food by his colleagues.
The agreement brought to a close a dispute that had caused racial division in the city, compelled Mayor Antonio Villaraigosa to impose his first veto and prompted the departure of the city's longtime fire chief.
Firefighter Tennie Pierce had filed suit stemming from an incident in 2004 in which he was served a spaghetti dinner that secretly included dog food while he was on duty at Fire Station No. 5 in Westchester. Although some colleagues described it as a prank that played on the 6-foot-5 Pierce's nickname, "Big Dog," Pierce alleged racial discrimination.
He had been beating guys up.
Then they dropped another $2.5 million on two guys the city had blamed for the whole scandal.
The costs of a 2004 firehouse incident in which a black firefighter was fed dog food continues to ripple through a Los Angeles city budget already battered by recession.
The City Council approved the payment Friday of $2.5 million to two white fire captains, who won a court case alleging that the department racially discriminated against them in the punishments they received for the incident.
That figure was almost $900,000 more than the $1.6 million that a jury awarded the captains in 2008.
The extra costs to the city included about $550,000 in fees for the attorney representing Los Angeles fire captains Chris Burton and John Tohill at trial, on appeal and before the California Supreme Court, which declined to take up the matter. The costs also included some $380,000 in interest payments on the award and attorneys' fees, at 7% annually, as required by state law, said Greg Smith, the attorney representing Burton and Tohill.
In addition, the city spent $705,000 to hire Ed Zappia, a private attorney, to argue its case in civil court, then on appeal and again before the state Supreme Court.
All of this went for a case that "we would have settled for $250,000 before it went to trial," Smith said. "We made numerous efforts to try to get some sort of resolution, but always to deaf ears."
The case stems from an incident in the Westchester firehouse in which black firefighter Tennie Pierce was fed dog food in his spaghetti.
The incident was a prank, firefighters later said, stemming from an earlier volleyball game in which Pierce, while playing well, kept saying "Feed the Big Dog," referring to the nickname by which he was known.
It's OK, though. Los Angeles has plenty of taxpayer money, except for stuff like fixing water mains. And streets.
David Begley said...
Cubanbob
The emotional loss was huge. Great family man. And it was taxpayer or insurance company money so it doesn't count.
5/23/16, 11:52 AM"
Quaestor said...
"No one has the right to illicit income which includes the families of the criminal so why would Baltimore settle at all with the family?"
Because buying the favors of the mob with other people's money is what Democrats do."
I don't know if the settlement was covered by insurance and if it was what the policy limit is. That said I fail to see why the carrier would payout the money in a settlement when it could easily drag this thing out for years in court for far less money and probably pay a small fraction in the end. As for emotionally damages while your comment is said cynical jest the analogy to the lack of legal compensation holds: drug dealers are criminals who sell poison to other people's kids and families and thus causing great emotional harm to those individuals and families. The debit is greater than the credit. As for using taxpayer funds for this purpose when there are no provable damages is that in of itself actionable against the officials involved?
Not saying the cops are innocent, they aren't. The guy was fine when he was arrested and was effectively killed by the paddy wagon ride. No getting around that. It's just perverse that the civil courts are being used to provide "justice" for the failure of the prosecutors and the criminal courts who are actually tasked with this and fail to do so.
The local residents already burned down the CVS pharmacy in their neighborhood. There aren't many nearby businesses left to burn down. They probably will not want to burn down their liquor stores.
David Begley said: And it was taxpayer or insurance company money so it doesn't count.
The technical term is "free money". At the Federal level free money is also referred to as "Obama's stash".
"The local residents already burned down the CVS pharmacy in their neighborhood. There aren't many nearby businesses left to burn down. They probably will not want to burn down their liquor stores."
Oh, that new CVS is back up! Just when you think they run out of things to destroy, there's always something.
The cities are backsliding. The DC Metro is now a haven for feral children, and meanwhile good luck trying to protect yourself.
Unless I'm wrong, the damages award is for economic loss.
It's go away and quit making a fuss money. Roughly proportional to media interest and likelihood of mass "protests".
This case was a slam dunk innocent verdict. Local case for me...
The cop had pretty much the least involvement of anybody among the 6. His only problem was he was white.
He was the junior of 2 bike officers who originally made the arrest. The DA called his partner to testify again this guy. The partner said:
- no I cuffed him
- no, I put him in the van
like the military, there is a cop chain of command and the two cops with the most responsibility, turn out to be black. The black driver and the black female SGT on the scene. However, the DA has difficulty going after them and wanted a white scalp first. If the white guys get off, how can you try the blacks in charge?
You can break your own neck by banging your head against a hard surface. A case of this happened in Madison, WI years ago by a patient in a hospital who was very agitated. There is no proof that any person did this to Gray. Once he fell off the seat due to not being buckled why didn't he just stay the hell on the floor of the van? Because he WANTED to get hurt-just not as bad a he did.
IMO Gray killed himself by being an idiot over and over and over again.
The cop probably did not fasten the seat belt because he would have to get close to Gray's mouth which would then bite him or spit on him. It's amusing to see the people opine who have never dealt with a nasty criminal. I have. I was usually able to convince them that they were the one shot, not me, but not always.
The below reminds of that other BLM pseudo-victim who got probation and a fine lower than two parking tickets for an armed home invasion.
"His arrest record includes at least 18 arrests:"
March 20, 2015: Possession of a Controlled Dangerous Substance
March 13, 2015: Malicious destruction of property, second-degree assault
January 20, 2015: Fourth-degree burglary, trespassing
January 14, 2015: Possession of a controlled dangerous substance...
December 31, 2014: Possession of narcotics with intent to distribute
December 14, 2014: Possession of a controlled dangerous substance
August 31, 2014: Illegal gambling, trespassing
January 25, 2014: Possession of marijuana
September 28, 2013: Distribution ... second-degree assault, second-degree escape
April 13, 2012: Possession of a controlled dangerous..., violation of probation
July 16, 2008: Possession of a controlled dangerous substance, possession with intent to distribute
March 28, 2008: Unlawful possession of a controlled dangerous substance
March 14, 2008: Possession of a controlled dangerous substance with intent to manufacture and distribute
February 11, 2008: Unlawful possession of a controlled dangerous substance, possession of a controlled dangerous substance
August 29, 2007: Possession of a controlled dangerous substance with intent to distribute, violation of probation
August 28, 2007: Possession of marijuana
August 23, 2007: False statement to a peace officer, unlawful possession of a controlled dangerous substance
July 16, 2007: Possession of a controlled dangerous substance with intent to distribute...
"The actions of Freddie Grey killed Freddie Grey."
No, the actions of Freddie Gray got him arrested. Rightfully so.
The 80% severed spine, 3 fractured vertebrae, and other injuries were not evident at the time of arrest, but were evident at the end of the ride in the police van.
I don't know what happened in that van, but I do know police had responsibility for his environs and safety at the time his injuries occurred.
You means besides the video of him getting into the police van fine, then the evidence of him leaving the police van with a severed spine.
Unless you have additional evidence than that, maybe you ought not comment.
You means besides the video of him getting into the police van fine, then the evidence of him leaving the police van with a severed spine.
The evidence of a wild ride is a guy who flops for insurance money getting hurt? You're telling me they have NO traffic cams on the entire route?
Inexorable?
"I do know police had responsibility for his environs and safety at the time his injuries occurred."
Unless he obstructed their attempts to restrain them. Years ago, I was involved with a woman who attempted to run a National Guard roadblock with a car full of Molotov cocktails. They machine gunned her. She refused all treatment and died. So, it was our fault ?
"The guy did dives for insurance money regularly. There is zero evidence the police actually did anything wrong in this situation. Zero evidence of a "wild ride". Zero evidence that they beat him up."
Yeah...his spine just split in twain spontaneously.
"...General Marilyn Mosby, pushed along by her Councilman husband and the Baltimore Mayor Stephanie Rawlings-Blake, overcharged six law-enforcement officers caught in the act of doing their jobs."
Except that, in "doing their jobs," a shackled man ended up dead in a police van with a severed spine. At the very least, they "did their jobs" with gross incompetence and negligence. At worst, they committed murder.
"Once he fell off the seat due to not being buckled why didn't he just stay the hell on the floor of the van? Because he WANTED to get hurt-just not as bad a he did."
You just had to type that statement and prove your astonishing fatuousness, didn't you?
TreeJoe said...
"You means besides the video of him getting into the police van fine, then the evidence of him leaving the police van with a severed spine."
Freddie entered the van fine, and exited with a severed spine, therefore the police brutality must have been the cause, post hoc ergo proper hoc. After all, Freddie couldn't have done anything to injure himself; everybody knows POC have no agency.
Amazing how many people are certain Gray caused the injuries to himself, and how many are certain the injuries were caused by the police officers. All we know for certain is Gray was not secured when they put him in the van, then the cops made several stops and when they came to their destination he was badly injured. Any certainty about what happened--whether Gray tried to injure himself for insurance money or whether he did not and the cops caused the injury with their driving--will amazingly fit your own worldview. But you have no more way of knowing than those who are equally certain of the opposite.
And the fact that we don't know exactly what caused the injury is why the cops are likely to all be acquitted. Maybe they're getting away with something, maybe their being justly redeemed--but our justice system should require the prosecution to meet its burden of proof. Would the outraged protesters prefer a system where the prosecutors could imprison you far more easily?
Blogger Brando said...
"All we know for certain is Gray was not secured when they put him in the van, then the cops made several stops and when they came to their destination he was badly injured."
There was no evidence of any wild maneuvering by the black driver, or of the van suffering any collision, or driving at high speed, or in bad weather, but there is a witness who said Gray was rocking the van.
"There was no evidence of any wild maneuvering by the black driver, or of the van suffering any collision, or driving at high speed, or in bad weather, but there is a witness who said Gray was rocking the van."
"No evidence" of something isn't the same as "it didn't happen"--we don't know for certain that their driving (even if there was not "wild maneuvering") didn't cause Gray's injury, nor do we know for certain that any rocking of the van by Gray caused it. My point isn't that one of these things did or didn't happen, only that there's a lot of uncertainty (a "Gray area" as it were) regarding how he got injured. The only person who could know for certain is dead.
That said, this is why an acquittal is appropriate.
As noted above, this was the weakest case of the six. Nero was operating under the orders of a superior. One claim was that he didn't independently verify that there was sufficient probable cause for the arrest. Which is idiotic. Someone making eye contact with a cop, then running away raises reasonable suspicion enough for a Terry Stop, and at that point, the suspect can legally be frisked for weapons in order to protect officers from any weapons on them. But they didn't need to frisk gray, since the illegal knife was clipped to his belt, and so was in plain view. Prosecutors are still seemingly hung up on the fact that the knife was not illegal under MD law. But Gray was cited under a Baltimore ordinance (and not MD law), which the knife actually did violate. And since the arrest was valid (not even getting into that only probable cause is required, and not factual accuracy), all the claims against the officers for wrongful imprisonment, conspiracy, etc, are bogus, and it was irrelevant that Nero depended on the orders of his superior. At worst, the driver and the officer placing Gray in the van might be guilty of negligence in not seat belting him, but the policy was only changed days before, after 140 or so years of not seat belting, and seat belting a suspect in that van would endanger the cop doing so - esp in the case of opportunists like Gray. So, there was expert testimony on the dangers to the officers, that this sort of thing is discretionary on the part of the officers. Moreover, since the policy was so new, the state was unable to prove that Nero, or probably any of the officers involved, were actually put on actual notice of the change. Would it have been unreasonable to not belt him in? No evidence to support that proposition was introduced. I could go on, but you get the point - that the arrests of the officers, and their charges, were bogus and ridiculous.
One of the most worrying things here is that this was a righteous bust, and showed good police teamwork. But the state attorney here needed to make points for her husband running for reelection. The problem is that she is essentially trying to criminalize normal police activities. Which is not the thing to be telling cops, that they might be tried as a criminal, despite model police behavior, if the subject is Black and dies accidentally while in custody. Next time another Freddie Gray sprints away when the see a cop watching them, and likely no one will chase them down, at least in Baltimore.
Robert Cook wrote:
At the very least, they "did their jobs" with gross incompetence and negligence. At worst, they committed murder.
Thats a huge difference, no? Also, I'll note that the policy where they would have to shackle people in place was only six days old. Its very possible that no one had officially gotten used to the policy yet.
(cont) but its very hard to prove MURDER when they can't even prove negligence.
In part this verdict was a result of avoiding a jury made up of supporters of "Black LIES Matter" and deferring to a judge as to the finding of facts.
Good legal analysis at Legal Insurrection.
No one knows when Gray broke his neck, and no one knows whether it was because he injured himself intentionally, or was injured as a result of being unseatbelted in the van. There is reason to believe that merely falling down while handcuffed and not seat belted would not have broken his neck. But, it might have. And, the most likely way to have done so would have been to stand up, and maybe slam himself against something. We just don't know, which is why the prosecution is unlikely to ever get to proving gross negligence beyond a reasonable doubt. Maybe by a preponderance of the evidence, but not to the level required for a criminal conviction.
Moreover, Nero's attorneys had expert witness testimony about the standard of care in this sort of situation, and to the extent that they could testify to the ultimate conclusion, they testified that the officers were utilizing an appropriate level of care. Which means that there was evidence in the record (and likely will be in the record of subsequent trials) showing that the officers were not negligent (and that means not grossly negligent too) because they exhibited the required level of care. And, none showing that they breached the duty of care, except for the fact that Gray ended up with a broken neck. But that can be, and was explained by showing that the most logical cause of the injury was an intentional act by Gray. Which again gets to the problem of having to prove gross negligence beyond a reasonable doubt. It most likely cannot be done, for those reasons.
Brando said...
"No evidence" of something isn't the same as "it didn't happen..."
Sometimes it is. There was surveillance video evidence of the van ride, and none of it showed a rough ride. In fact, it showed the officers handling Gray rather gently. We know there was no bad weather, no traffic incidents, no excessive speed, and we have eyewitnesses, both a cop and a perp, saying Gray was rocking the van, seemingly banging his head and moaning.
If I look at my sofa and I don't see an elephant on it, that absence of evidence is definitely evidence of absence.
Well, at least the rain and thunderstorms will keep the rioting to a minimum tonight.
The rioting is underway and I understand that white police officers are fleeing to suburbs.
I remember the LA cops suggesting all the gangbangers gather in the Colosseum while the police man the exits and let them all kill each other. I think we will see that scenario in Baltimore.
Amusing to watch the black politicians posture and try to figure out a way to survive,
Are you sure there's no elephant on your sofa, CCB? Early in their relationship, Wittgenstein irritated Bertrand Russell enormously by refusing to admit that they could be quite certain there was not a rhinoceros in the room with them.
Cook -
" incompetence...murder...blah blah blah."
No. It was none of those things.
The ME pretty much established that Gray broke his neck by striking the surface of the interior of the van, and that he would have been instantly incapacitated by the injury. There was a mark on the back of head/neck which matched a large, protruding bolt head inside the van. A second prisoner in the van gave a statement that Gray was banging on inside of the van to the degree the van was rocking, and cops testified that Gray habitually tried to cause injury to himself after arrest and then claimed police misconduct. The clear inference drawn, given the lack of any evidence to the contrary, is that Gray was standing in the van kicking and possibly hitting his head on the partition when he lost his balance and fell, striking his head. He was unable to move because of the injury and probably suffered positional asphyxia in the rather narrow confines of the metal bench and floor. At least twice, he was able to converse with officers while in the back of the van, something that the ME said would have been impossible post-injury. So the injury occurred in the latter stages of the ride, when there as another prisoner in the truck with him.
Given these circumstances, it's difficult to acribe criminal liability to any officer for what was a routine arrest and transport. Even civil liability is something of a reach for the individuals. The stop was clearly lawful, the arrest almost certainly so.
The seat belt rule was brand new, not clearly transmitted to the officers, and not required by logic or law for some 140 years, until a few days before Gray's death. Bad timing, but also pretty clearly not something the average officer would be expected to know and observe, given the novelty and the lack of communicating its force. There is also a legal concept that failing to observe an non-statutory administrative rule cannot turn an accident into a murder.
Remember, the cops were there, tying to clean up the neighborhood, in response to pressure from the same DA who jumped to prosecute before the facts were in. Her chief investigator had been fired by the PD. This was a rigged game from Day 1.
@ Brando -
If you're going to charge someone with murder, etc, then you need proof to the exclusion of any reasonable doubt. Saying "We don't know" or "It could have happened" precludes a criminal prosecution on its face. Period.
If there is no evidence of something, or even insufficient evidence, you cannot prosecute, or at least, not in good faith.
Just because Gray went in the van alive, and came out fatally injured proves nothing except that he's dead. The investigation suggests - strongly - that he accidentally injured himself, far more than it suggests anyone else had a hand in his injuries. The Police Department had an obligation to provide reasonable care while he was in their custody, not care sufficient to provide for any and every eventuality, including Gray himself accidentally falling while trying to intentionally injure himself. In other words, stupid can overcome reasonable most of the time.
Everywhere the Black Lives Matter people go, more black people die - and these lost lives don't matter to the Black Lives Matter people. They just go on with their "strategy" which will cost more lives, mainly black but those black lives won't matter either to the Black Lives Matter people. If it wasn't happening right before my eyes, I wouldn't believe it was possible.
@JCCamp: Thanks for such a clear recap of the facts and the issues of this case. I found it persuasive, but good luck convincing the resident liberals..........I know that different people evaluate different facts differently, but it is disheartening to observe that no one of stature in the black community is willing to speak out on behalf of the black officers involved in this case. Race even trumps race. These officers are decent men. (If they had ever beaten their wives, trust me, we'd be sure to know about it.). Gray, in contrast, had led a squalid life. Why are all the black members of the chattering class so in love with Freddie Gray and so condemnatory of the black officers? Isn't this a way of encouraging more men like Freddie Gray and invalidating citizens like Officer Porter.
"Sometimes it is. There was surveillance video evidence of the van ride, and none of it showed a rough ride. In fact, it showed the officers handling Gray rather gently. We know there was no bad weather, no traffic incidents, no excessive speed, and we have eyewitnesses, both a cop and a perp, saying Gray was rocking the van, seemingly banging his head and moaning."
The injuries may have been caused even by safe driving--it doesn't mean the cops were at fault--an unsecured person in that van could have been jostled and injured as a result. And yes, sometimes the absence of evidence can prove the evidence of absence, but here I don't see how that's the case--we don't know for sure that he caused his injury by intentionally thrashing around, or whether he simply fell during the ride. We have no camera footage of him during that ride. So my point is we don't know either way, and cannot conclude what exactly caused it.
"If you're going to charge someone with murder, etc, then you need proof to the exclusion of any reasonable doubt. Saying "We don't know" or "It could have happened" precludes a criminal prosecution on its face. Period."
Well, that's exactly the point I made. The prosecution needed proof and didn't have it. There's too much of an unknown in this case and reasonable possibilities for how Gray got injured. Therefore, a conviction would be unjust.
no surprise
At the very least, they "did their jobs" with gross incompetence and negligence.
Nope. Not even that. Not even *mild* incompetence or negligence.
Sorry Cook. Go look for another black body to use as a prop for your racial agitation.
IMO Gray killed himself by being an idiot over and over and over again.
In a way it was Justice. Thug wanted to inflict injury on himself, Murphy was watching and said "let me help". Play stupid games, win stupid prizes.
Post a Comment