What happened to Freddie Gray?

​

On April 12, 2015, Freddie Carlos Gray Jr., a 25-year-old black man, was arrested by the Baltimore Police Department and subsequently charged for possessing a knife. While being transported in a police van, Gray fell into a coma and was taken to the R Adams Cowley Shock Trauma Center. Gray died on April 19, 2015; his death was ascribed to injuries to his spinal cord. On April 21, 2015, pending an investigation of the incident, six Baltimore police officers were suspended with pay.

​

The circumstances of the injuries were initially unclear; eyewitness accounts suggested that the officers involved used unnecessary force against Gray during the arrest—a claim denied by all officers involved. Commissioner Anthony W. Batts reported that, contrary to department policy, the officers did not secure him inside the van while driving to the police station. The medical investigation found that Gray had sustained the injuries while in transport. The medical examiner's office concluded that Gray's death could not be ruled an accident, and was instead a homicide, because officers failed to follow safety procedures "through acts of omission." On May 1, 2015, the Baltimore City State's Attorney, Marilyn Mosby, announced her office had filed charges against six police officers after the medical examiner's report ruled Gray's death a homicide. 

​

What happened with his case?

​

The prosecutors stated that they had probable cause to file criminal charges against the six police officers who were believed to be involved in his death. The officer driving the van was charged with second-degree "depraved-heart" murder for his indifference to the considerable risk that Gray might be killed, and others were charged with crimes ranging from manslaughter to illegal arrest. On May 21, a grand jury indicted the officers on most of the original charges filed by Mosby with the exception of the charges of illegal imprisonment and false arrest and added charges of reckless endangerment to all the officers involved. 

​

In September 2015, it was decided that there would be separate trials for the accused. The trial against Officer William Porter ended in mistrial. Officers Nero, Goodson, and Rice were acquitted. The remaining charges against the officers were dropped on July 27, 2016. On September 12, 2017, the U.S. Department of Justice announced it would not bring federal charges against the six Baltimore police officers involved in the arrest and in-custody death of Freddie Gray. However, it was announced on October 5, 2017 that non-criminal, internal disciplinary trials for the officers will be prosecuted by a three person-panel chaired by someone from another Maryland police agency, likely Prince George's County, and that outside lawyer and former chair of the Baltimore City School Board Neil Duke will serve on the panel as well. 

​

The truth comes to light

​

Police encountered Freddie Gray on the morning of April 12, 2015, in the street near Baltimore's Gilmor Homes housing project, an area known to have high levels of home foreclosures, poverty, drug deals and violent crime. Approximately three weeks prior to the incident, Baltimore City State's Attorney Marilyn Mosby had requested "enhanced" drug enforcement efforts at the corner of North and Mount, According to the charging documents submitted by the Baltimore police, at 8:39 a.m Lieutenant Brian W. Rice, Officer Edward Nero, and Officer Garrett E. Miller were patrolling on bicycles and made eye contact with Gray, who proceeded to flee on foot "unprovoked upon noticing police presence". After a brief chase, Gray was apprehended and taken into custody "without the use of force or incident", according to Officer Garrett Miller, who wrote he "noticed a knife clipped to the inside of his [Gray's] front right pocket". In the formal statement of charges, Officer Miller stated that Gray "did unlawfully carry, possess, and sell a knife commonly known as a switch blade knife, with an automatic spring or other device for opening and/or closing the blade within the limits of Baltimore City. The knife was recovered by this officer and found to be a spring assisted one hand operated knife." According to the state's attorney for Baltimore City, the spring-assisted knife Gray was carrying was legal under Maryland law, while a police task force said the knife was a violation of the Baltimore code under which Gray was charged.

​

Video recordings by two bystanders capturing Gray's arrest showed Gray, screaming, being dragged to a police van by officers, and then stepping up into the van. A bystander with connections to Gray stated that the officers were previously "folding" Gray: one officer bent Gray's legs backwards, and another held Gray down by pressing a knee into his neck. Witnesses commented Gray "couldn't walk", "can't use his legs". 

According to the police timeline, Gray was placed in a transport van within 11 minutes of his arrest, and within 30 minutes, paramedics were summoned to take Gray to a hospital. The van made four confirmed stops while Gray was detained. At 8:46 am, Gray was unloaded in order to be placed in leg irons because police said he was “acting irate”. Gray's shackling was recorded on a cellphone, which exhibited a motionless Gray surrounded by several officers as he was restrained. A later stop, recorded by a private security camera, shows the van stopped at a grocery store. At 8:59 am, a second prisoner was placed in the vehicle while officers checked on Gray's condition. At 9:24 am, the transport van arrived at its final stop, the West District police station. After paramedics treated Gray for 21 minutes, he was taken to the University of Maryland R Adams Cowley Shock Trauma Center at 9:45 a.m. in a coma. 

​

The media has suggested the possibility of a rough ride—a form of police brutality where a handcuffed prisoner is placed without a seatbelt in an erratically driven vehicle—as a contributing factor in Gray's injury. During Officer Goodson's trial, a prosecution witness testified that he "could not say" if there had been a rough ride, and the judge ruled that the prosecution had not presented evidence to back that assumption. Moreover, and as noted by the BBC in December 2015, "Throughout the trial, the prosecution insisted that Mr. Porter could have saved Gray's life by restraining him and by calling for medical help after his injury. They described the police van as a coffin on wheels." In June 2016, the Baltimore Sun noted that Dr. Carol Allan, an assistant medical examiner, "testified that Gray's fatal neck injuries, resembling those suffered in a diving accident, were caused by abrupt force to his neck during his transport, when he could not see outside the van to predict sudden stops, starts or turns." 

​

In the following week, according to the Gray family attorney, Gray suffered from total cardiopulmonary arrest at least once but was resuscitated without ever regaining consciousness. He remained in a coma and underwent extensive surgery to save his life. According to his family, he lapsed into a coma with three fractured vertebrae, injuries to his voice box, and his spine 80% severed at his neck. Police confirmed that the spinal injury led to Gray's death. Gray died on April 19, 2015, a week after his arrest. 

​

The Aftermath

​

The Baltimore Police Department suspended six officers with pay pending an investigation of Gray's death. The six officers involved in the arrest were identified as Lieutenant Brian Rice, Sergeant Alicia White, Officer William Porter, Officer Garrett Miller, Officer Edward Nero, and Officer Caesar Goodson. he U.S. Department of Justice also opened an investigation into the case.  

​

On April 30, 2015, Kevin Moore, one of the witnesses who filmed Gray's arrest, was arrested at gunpoint following what Moore described as "harassment and intimidation" by police. Moore stated he had cooperated with police and gave over his video of Gray's arrest for investigation. He claimed, despite aiding in the investigation, his photo was made public by police, who asked the public to identify him because he was "wanted for questioning." Moore said the police obviously knew who he was when they posted his photo. Moore was released from custody the next day. The same day as Moore's arrest, medical examiners reported Gray sustained more injuries as a result of slamming into the inside of the transport van, "apparently breaking his neck; a head injury he sustained matches a bolt in the back of the van". On May 19, 2015, prosecutors asked a judge to place a gag order on attorneys, police, and witnesses of the arrest, arguing that statements by the attorneys of some of the officers charged could prejudice the public. On June 8, 2015, it was announced that a judge had denied the state's attorney's request for a gag order on procedural grounds. 

​

On May 1, 2015, after receiving a medical examiner's report ruling Gray's death a homicide, state prosecutors said that they had probable cause to file criminal charges against the six officers involved. Mosby said that the Baltimore police had acted illegally and that "No crime had been committed" by Freddie Gray. Mosby said that Gray "suffered a critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside the BPD wagon". Mosby said officers had "failed to establish probable cause for Mr. Gray's arrest, as no crime had been committed", and charged officers with false imprisonment, because Gray was carrying a pocket knife of legal size, and not the switchblade police claimed he had possessed at the time of his arrest. All six officers were taken into custody and processed at Baltimore Central Booking and Intake Center. Three of the officers faced manslaughter charges and one faced an additional count of second degree depraved-heart murder. The murder charge carries a possible penalty of 30 years in prison; the manslaughter and assault offenses carry a maximum penalty of 10 years in prison. All six officers were released from jail after posting bail the same day they were booked. Two officers were released on $250,000 bail and the four others' bail was $350,000. 

​

On September 2, 2015, it was decided to hold separate trials for the accused. In December 2015, Baltimore judge Barry Williams declared a mistrial in the trial of Officer Porter after the jury was unable to reach a verdict. In May 2016, Judge Williams declared Officer Nero not guilty by means of a bench trial. On June 23, 2016, Officer Caesar Goodson was acquitted of all charges by Circuit Judge Barry Williams.  

Attorney General Loretta Lynch announced on May 8, 2015, that the Department of Justice would conduct a review of the current practices of Baltimore Police Department on account of the "serious erosion of public trust" in relation to the circumstances of Gray's death. The review took effect immediately and focused on allegations that Baltimore police officers use excessive force, including deadly force, conduct unlawful searches, seizures or arrests, and engage in discriminatory policing. As of May 2015, Federal authorities were conducting three probes into Baltimore police, the "pattern of practice" investigation initiated by Lynch, a collaborative review that began in the fall of 2014, and a civil rights probe into the death of Gray. On September 12, 2017, the U.S. Department of Justice announced it will not bring federal charges against the six Baltimore police officers involved in the arrest and in-custody death of Freddie Gray. 

​

What can we do?

​

1. Sign this petition demanding justice for Freddie Gray

​

​

2. Contact Marilyn Mosby, Baltimore D.A. asking for Freddie Gray’s case to be re-opened and investigated.

(443) 984-6000, mmosby@stattorney.org