On April, 12 2015 between 8:45 and 9:15 a.m., near the corner of North Avenue and Mount Street. Lt. Rice of the Baltimore Police Department while on bike patrol with Officer Garrett Miller and Edward Nero made eye contact with Freddie Carlos Gray Jr.
Having made eye contact with Mr. Gray, Mr. Gray subsequently ran from Lt. Rice. Lt. Rice then dispatched over departmental radio that he was involved in a foot pursuit at which time bike patrol officers and Nero began to pursue Mr. Gray. Having come in contact with pursuing officers, Mr. Gray surrendered to Officers Miller and Nero in the vicinity in the 1700 block of Presbury Street.
Officer Miller and Nero then handcuffed Mr. Gray and moved him to a location a few feet away from his surrendering location Mr. Gray was then placed in a prone position with his arms handcuffed behind his back. It was at this time that Mr. Gray indicated he could not breath and requested an inhaler to no avail. Officer Miller and Nero then placed Mr. Gray in a seated position and substantially found a knife clipped to the inside of his pants pocket. The blade of the knife was folded into the handle. The knife was not a switchblade and is lawful under Maryland law. These officers then removed the knife and placed it on the sidewalk.
Mr. Gray was then placed back down on his stomach at which time Mr. Gray began to flail his legs and scream as Officer Miller placed Mr. Gray in a restraining technique known as a leg lace. While Officer Nero physically held him down against him will while a BPD wagon arrived to transport Mr. Gray.
Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray’s arrest as no crime had been committed by Mr. Gray. Accordingly Lt. Rice Officer MIller and Office Nero illegally arrested Mr. Gray. Upon arrival of the transport wagon driven by Officer Caesar Goodson. Lt. Rice Officer Miller and Officer Nero loaded Mr. Gray into the wagon and at no point was he secured by a seatbelt while in the wagon contrary to a BPD general order. Lt. Rice then directed the BPD wagon to stop at Baker Street. At Baker Street, Lt. Rice, Officer Nero and Officer Miller removed Mr. Gray from the wagon, placed flexi-cuffs on his wrists, placed leg shackles on his ankles and completed required paperwork.
Officer Miller, Officer Nero and Lt. Rice then loaded Mr. Gray back into the wagon, placing him on his stomach, head first onto the floor of the wagon. Once again Mr. Gray was not secured by a seatbelt in the wagon contrary to a BPD general order.
Lt. Rice then directed Officer Goodson to transport Mr. Gray to the Central Booking & Intake Facility. Following transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon.
From Baker Street, Officer Goodson proceeded to the vicinity of Mosher Street and Fremont Avenue where he subsequently parked the wagon and proceeded to the back of the wagon to observe Mr. Gray. Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did he seek nor did he render any medical assistance for Mr. Gray. Officer Goodson returned to his driver’s seat and proceed toward the Central Booking & Intake facility with Mr. Gray still unsecured by a seatbelt contrary to a BPD general order.
Several blocks later, Officer Goodson called into dispatch that he needed to check on the status of his prisoner and requested additional units at Dolphin Street and Druid Hill Avenue. Officer William Porter arrived on the scene at Dolphin Street and Druid HIll Avenue. Both Officer Goodson and porter proceeded to the back of the wagon to check on the status of Mr. Gray’s condition. Mr. Gray at that time requested help and indicated that he could not breathe. Officer Porter asked Mr. Gray if he needed a medic at which time Mr. Gray indicated at least twice that he was in need of a medic. Officer Porter then physically assisted Mr. Gray from the floor of the van to the bench however despite Mr. Gray’s appeal for a medic, both officers assessed Mr. Gray’s condition and at no point did either of them restrain Mr. Gray per BPD general order nor did they render or request medical assistance.
While discussing the transportation of Mr. Gray for medical attention, a request for additional units was made for an arrest at the 1600 West North Avenue. Officer Porter left the vicinity of Druid Hill Avenue to assist in the arrest of another prisoner at North Avenue. Despite Mr. Gray’s obvious and recognized need for medical assistance, Officer Goodson in a grossly negligent manner chose to
respond to the 1600 block of West North Avenue with Mr. Gray still unsecured by a seatbelt in the wagon without rendering to or summoning medical assistance for Mr. Gray.
Officer Goodson arrived at North Avenue to transport the individual arrested at the location of North Avenue and Pennsylvania Avenue at which time he was again met by Officer Nero, Miller and Porter. Once the wagon arrived, Officer Goodson walked to the back of the wagon and again opened the doors to the wagon to make observations of Mr. Gray.
Sgt. Alicia White, Officer Porter and Officer Goodson observed Mr. Gray unresponsive on the floor of the wagon. Sgt. White who is responsible for investigating two citizen complaints pertaining to Mr. Gray’s illegal arrest spoke to the back of Mr. Gray’s head. When he did not respond, she did nothing further despite the fact that she was advised that he needed a medic. She made no effort to look or assess or determine his condition.
Despite Mr. Gray’s seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer.
After completing the North Avenue arrest and loading the additional prisoner into the opposite side of the wagon containing Mr. Gray, Officer Goodson then proceeded to the Western District Station where contrary to the BPD general order, he again failed to restrain Mr. Gray in the wagon for at least the fifth time.
At the Western District Police Station the defendant arrested at North Avenue was unloaded, escorted and secured inside of the police station prior to attending to Mr. Gray.
By the time Officer Zachary Novak and Sgt. White attempted to remove Mr. Gray from the wagon, Mr. Gray was no longer breathing at all. A medic was finally called to the scene where upon arrival, the medic determined Mr. Gray was now in cardiac arrest and was critically and severely injured.
Mr. Gray was rushed to the University of Maryland Shock Trauma where he underwent surgery. On April 19, 2015, Mr. Gray succumbed to his injuries and was pronounced dead. The manner of death
deemed homicide by the Maryland Medical Examiner is believed to be the result of a fatal injury that
occurred while Mr. Gray was unrestrained by a seatbelt in the custody of the Baltimore Police Department wagon.
All events occurred in Baltimore City State of Maryland. While each of these officers are presumed innocent until proven guilty, we have brought the following charges:
Officer Caesar Goodson is being charged with second-degree depraved heart murder, involuntary manslaughter, second-degree negligent assault, manslaughter by vehicle by means of gross negligence, manslaughter by vehicle by means of criminal negligence, misconduct in office by failure to secure prisoner, failure to render aid.
Officer William Porter is being charged with involuntary manslaughter, assault in the second degree, misconduct in office.
Lt. Brian Rice is being charged with involuntary manslaughter, assault in the second degree, assault in the second degree, misconduct in office and false imprisonment.
Officer Edward Nero is being charged with assault in the second degree intentional, assault in the second degree negligent, misconduct in office and false imprisonment.
Officer Garrett Miller is being charged with intentional assault in the second-degree, assault in the second-degree negligent, misconduct in office and false imprisonment.
Sgt. Alicia White is being charged with manslaughter, involuntary manslaughter, second-degree assault, misconduct in office.
While I am committed to transparency, what I have revealed here today is now a matter of public record. However, the evidence we have collected and continue to collect cannot ethically be released to the public and I strongly condemn anyone in law enforcement with access to trial evidence who has leaked information prior resolution of this case.
-Transcript from Time magazine.
*UPDATED, 11:57 pm, GMT.Upon a first reading of this There is no probable cause for arrest established for any degree of unlawful homicide against any of the defendants.
With regard to Sgt. Alicia White the affidavit asserts that she "observed Mr. Gray unresponsive." In the context of a homicide investigation "unresponsive" is used in the medical sense, e.g. "unresponsive to stimuli" would indicate that Gray was unconscious, in a coma, near death or dead. If that is the sense in which "unresponsive" is used here then White had some duty to obtain medical aid for Gray. I do not know for certain if failure to obtain aid under these circumstances rises to the level of committing manslaughter, I do not think so. However, the next two sentences indicate that "unresponsive" was not being used in the medical sense but rather that Gray did not answer White's question(s). Although being unresponsive to question(s) can mean the person is unresponsive medically it does not prove that the person was unresponsive in the medical sense. The affidavit is unclear on the meaning of "unresponsive," the lack of clarity does not establish probable cause.
Since the standard of probable cause for arrest is not met neither, of course, is the prosecutor's higher standard to file charges in court: that a reasonable jury could lawfully convict upon evidence proving guilt beyond a reasonable doubt.
Having made eye contact with Mr. Gray, Mr. Gray subsequently ran from Lt. Rice. Lt. Rice then dispatched over departmental radio that he was involved in a foot pursuit at which time bike patrol officers and Nero began to pursue Mr. Gray. Having come in contact with pursuing officers, Mr. Gray surrendered to Officers Miller and Nero in the vicinity in the 1700 block of Presbury Street.
Officer Miller and Nero then handcuffed Mr. Gray and moved him to a location a few feet away from his surrendering location Mr. Gray was then placed in a prone position with his arms handcuffed behind his back. It was at this time that Mr. Gray indicated he could not breath and requested an inhaler to no avail. Officer Miller and Nero then placed Mr. Gray in a seated position and substantially found a knife clipped to the inside of his pants pocket. The blade of the knife was folded into the handle. The knife was not a switchblade and is lawful under Maryland law. These officers then removed the knife and placed it on the sidewalk.
Mr. Gray was then placed back down on his stomach at which time Mr. Gray began to flail his legs and scream as Officer Miller placed Mr. Gray in a restraining technique known as a leg lace. While Officer Nero physically held him down against him will while a BPD wagon arrived to transport Mr. Gray.
Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray’s arrest as no crime had been committed by Mr. Gray. Accordingly Lt. Rice Officer MIller and Office Nero illegally arrested Mr. Gray. Upon arrival of the transport wagon driven by Officer Caesar Goodson. Lt. Rice Officer Miller and Officer Nero loaded Mr. Gray into the wagon and at no point was he secured by a seatbelt while in the wagon contrary to a BPD general order. Lt. Rice then directed the BPD wagon to stop at Baker Street. At Baker Street, Lt. Rice, Officer Nero and Officer Miller removed Mr. Gray from the wagon, placed flexi-cuffs on his wrists, placed leg shackles on his ankles and completed required paperwork.
Officer Miller, Officer Nero and Lt. Rice then loaded Mr. Gray back into the wagon, placing him on his stomach, head first onto the floor of the wagon. Once again Mr. Gray was not secured by a seatbelt in the wagon contrary to a BPD general order.
Lt. Rice then directed Officer Goodson to transport Mr. Gray to the Central Booking & Intake Facility. Following transport from Baker Street, Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon.
From Baker Street, Officer Goodson proceeded to the vicinity of Mosher Street and Fremont Avenue where he subsequently parked the wagon and proceeded to the back of the wagon to observe Mr. Gray. Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did he seek nor did he render any medical assistance for Mr. Gray. Officer Goodson returned to his driver’s seat and proceed toward the Central Booking & Intake facility with Mr. Gray still unsecured by a seatbelt contrary to a BPD general order.
Several blocks later, Officer Goodson called into dispatch that he needed to check on the status of his prisoner and requested additional units at Dolphin Street and Druid Hill Avenue. Officer William Porter arrived on the scene at Dolphin Street and Druid HIll Avenue. Both Officer Goodson and porter proceeded to the back of the wagon to check on the status of Mr. Gray’s condition. Mr. Gray at that time requested help and indicated that he could not breathe. Officer Porter asked Mr. Gray if he needed a medic at which time Mr. Gray indicated at least twice that he was in need of a medic. Officer Porter then physically assisted Mr. Gray from the floor of the van to the bench however despite Mr. Gray’s appeal for a medic, both officers assessed Mr. Gray’s condition and at no point did either of them restrain Mr. Gray per BPD general order nor did they render or request medical assistance.
While discussing the transportation of Mr. Gray for medical attention, a request for additional units was made for an arrest at the 1600 West North Avenue. Officer Porter left the vicinity of Druid Hill Avenue to assist in the arrest of another prisoner at North Avenue. Despite Mr. Gray’s obvious and recognized need for medical assistance, Officer Goodson in a grossly negligent manner chose to
respond to the 1600 block of West North Avenue with Mr. Gray still unsecured by a seatbelt in the wagon without rendering to or summoning medical assistance for Mr. Gray.
Officer Goodson arrived at North Avenue to transport the individual arrested at the location of North Avenue and Pennsylvania Avenue at which time he was again met by Officer Nero, Miller and Porter. Once the wagon arrived, Officer Goodson walked to the back of the wagon and again opened the doors to the wagon to make observations of Mr. Gray.
Sgt. Alicia White, Officer Porter and Officer Goodson observed Mr. Gray unresponsive on the floor of the wagon. Sgt. White who is responsible for investigating two citizen complaints pertaining to Mr. Gray’s illegal arrest spoke to the back of Mr. Gray’s head. When he did not respond, she did nothing further despite the fact that she was advised that he needed a medic. She made no effort to look or assess or determine his condition.
Despite Mr. Gray’s seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer.
After completing the North Avenue arrest and loading the additional prisoner into the opposite side of the wagon containing Mr. Gray, Officer Goodson then proceeded to the Western District Station where contrary to the BPD general order, he again failed to restrain Mr. Gray in the wagon for at least the fifth time.
At the Western District Police Station the defendant arrested at North Avenue was unloaded, escorted and secured inside of the police station prior to attending to Mr. Gray.
By the time Officer Zachary Novak and Sgt. White attempted to remove Mr. Gray from the wagon, Mr. Gray was no longer breathing at all. A medic was finally called to the scene where upon arrival, the medic determined Mr. Gray was now in cardiac arrest and was critically and severely injured.
Mr. Gray was rushed to the University of Maryland Shock Trauma where he underwent surgery. On April 19, 2015, Mr. Gray succumbed to his injuries and was pronounced dead. The manner of death
deemed homicide by the Maryland Medical Examiner is believed to be the result of a fatal injury that
occurred while Mr. Gray was unrestrained by a seatbelt in the custody of the Baltimore Police Department wagon.
All events occurred in Baltimore City State of Maryland. While each of these officers are presumed innocent until proven guilty, we have brought the following charges:
Officer Caesar Goodson is being charged with second-degree depraved heart murder, involuntary manslaughter, second-degree negligent assault, manslaughter by vehicle by means of gross negligence, manslaughter by vehicle by means of criminal negligence, misconduct in office by failure to secure prisoner, failure to render aid.
Officer William Porter is being charged with involuntary manslaughter, assault in the second degree, misconduct in office.
Lt. Brian Rice is being charged with involuntary manslaughter, assault in the second degree, assault in the second degree, misconduct in office and false imprisonment.
Officer Edward Nero is being charged with assault in the second degree intentional, assault in the second degree negligent, misconduct in office and false imprisonment.
Officer Garrett Miller is being charged with intentional assault in the second-degree, assault in the second-degree negligent, misconduct in office and false imprisonment.
Sgt. Alicia White is being charged with manslaughter, involuntary manslaughter, second-degree assault, misconduct in office.
While I am committed to transparency, what I have revealed here today is now a matter of public record. However, the evidence we have collected and continue to collect cannot ethically be released to the public and I strongly condemn anyone in law enforcement with access to trial evidence who has leaked information prior resolution of this case.
-Transcript from Time magazine.
*UPDATED, 11:57 pm, GMT.
With regard to Sgt. Alicia White the affidavit asserts that she "observed Mr. Gray unresponsive." In the context of a homicide investigation "unresponsive" is used in the medical sense, e.g. "unresponsive to stimuli" would indicate that Gray was unconscious, in a coma, near death or dead. If that is the sense in which "unresponsive" is used here then White had some duty to obtain medical aid for Gray. I do not know for certain if failure to obtain aid under these circumstances rises to the level of committing manslaughter, I do not think so. However, the next two sentences indicate that "unresponsive" was not being used in the medical sense but rather that Gray did not answer White's question(s). Although being unresponsive to question(s) can mean the person is unresponsive medically it does not prove that the person was unresponsive in the medical sense. The affidavit is unclear on the meaning of "unresponsive," the lack of clarity does not establish probable cause.
Since the standard of probable cause for arrest is not met neither, of course, is the prosecutor's higher standard to file charges in court: that a reasonable jury could lawfully convict upon evidence proving guilt beyond a reasonable doubt.
