The death of Freddie Gray was a homicide, and there is "probable cause" for criminal charges, Baltimore lead prosecutor Marilyn J. Mosby says, citing her office's "thorough and independent" investigation and the medical examiner's report on Gray's death.
Mosby, the city's recently elected state's attorney, announced a range of charges against several Baltimore police officers, with the offenses ranging from one count of second-degree murder and four counts of involuntary manslaughter to assault and misconduct in office. Warrants have been issued for their arrest, she said.
The prosecutor's investigation found that there had been no reason to detain Gray — and that his arrest was in itself illegal, Mosby said. She said that the knife that police officers had found Gray was carrying turned out to be legal.
After announcing the charges, Mosby noted her own ties to the police community — including her mother and father. She thanked officers who are committed to serving the community.
We'll have more details from the announcement and any documents released by the prosecutor's office.
Update at 11:15 a.m. ET: Three Officers Face Manslaughter Charges
According to a release from the prosecutor's office, three officers are facing manslaughter charges and one faces an additional count of "second degree depraved heart murder."
That 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.
From the release:
Officer Caesar R. Goodson, Jr.: Second degree depraved heart murder; involuntary manslaughter; second-degree assault; manslaughter by vehicle (gross negligence); manslaughter by vehicle (criminal negligence); misconduct in office
Officer William G. Porter: Involuntary manslaughter; second degree assault; misconduct in office
Lt. Brian W. Rice: Involuntary manslaughter; two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment
Officer Edward M. Nero: Two counts of second degree assault; manslaughter by vehicle (gross negligence); two counts of misconduct in office; false imprisonment
Officer Garrett E. Miller: Two counts of second degree assault; two counts of misconduct in office; false imprisonment
Sgt. Alicia D. White: Involuntary manslaughter; second degree assault; misconduct in office
Update at 10:51 a.m. ET: Recounting Details Of Gray's Arrest
Running down an exhaustive account of Gray's arrest and treatment while in custody, Baltimore's chief prosecutor is listing numerous occasions on which Gray was not properly restrained with a seatbelt while he rode in the back of a police van.
Update at 10:48 a.m. ET: Gray's Death A Homicide, Prosecutor Says
Mosby said she has assured Gray's family that "no one is above the law," also cited her oath of office, in which she promised "uphold justice."
She said that her review of the case found there had been no reason to detain Gray, and that his arrest was illegal.
The leading prosecutor in Baltimore spoke at a 10:30 a.m. news conference held in downtown Baltimore. The occasion brought a large show of force from both police and National Guard personnel who have been called on to secure the area since violence and vandalism broke out Monday night.
Earlier today, the local chapter of the Fraternal Order of Police says it has sent a letter to Mosby, asking her to appoint a special independent prosecutor in the case. The chapter's president alleged that she had "many conflicts of interest" in the case. This morning, Mosby said she would be handling the case herself, adding that the people of Baltimore had elected her.
Mosby spoke one day after receiving the Baltimore Police Department's report on Gray's death. The findings aren't public, and police revealed only a few new details when they announced the transition in the case Thursday.
NPR and other news organizations have asked Baltimore's police department to release its report on the arrest and death of Freddie Gray, as well as for related documents and materials such as tapes of 911 calls made when Gray was taken into custody.
Our original post continues:
Gray died on April 19, one week after being taken into custody. Police have said that during his transport, Gray wasn't buckled in properly and did not receive timely medical care. Six police officers remain suspended over the case.
As the Two-Way has reported, when police turned over the documents to State's Attorney Marilyn Mosby in Baltimore, they announced that "the van transporting Freddie Gray, the 25-year-old black man who suffered a serious spine injury while in police custody and later died, made one more stop than previously thought."
The roughly 40 minutes that Gray spent in the van have emerged as the focal point in the inquiry over how he sustained the injury.
That extra stop was discovered through a review of recordings made by security and private cameras, Deputy Police Commissioner Kevin Davis said. He added that another detainee who was riding in the van told police that Gray was "still moving around ... kicking and making noises" until the van reached the police station.
That second detainee rode in the police van on the other side of a metal partition that divides its cargo space. When he was picked up, Gray was already in the van.
Local news WJZ-TV reports that Donta Allen, 22, was that second man — and that he came forward Thursday out of concern over how his comments were being portrayed by both the police and the media.
"When I was in the back of that van it did not stop or nothing. All it did was go straight to the station, but I heard a little banging, like he was banging his head," Allen said. " I didn't even know he was in the van until we got to the station."
Saying his words have been distorted by recent reports and that he doesn't think Gray hurt himself intentionally, Allen also told a WJZ reporter, "The only reason I'm doing this is because they put my name in a bad state."
Allen, who was reportedly taken into custody for a minor offense and was not charged with a crime, also spoke to WBAL TV. He told the station that when he got into the van, he didn't know Gray was already there. He said he heard "a little banging for like four seconds."
WBAL aired surveillance camera footage that shows officers looking into Gray's side of the van during the stop that also picked up Allen.
When the van arrived at the police station, Allen said he heard the officers say that Gray didn't have a pulse and was unresponsive — and that another officer later said, "He's got vitals now, he must've come back."
The sequence of events has led to wide-ranging questions over what happened: Was the van driven in a way that caused Gray's injury? When did Gray become unresponsive? Were the sounds Allen heard caused by a seizure experienced by a gravely wounded man?
The Baltimore Sun reports: "Maryland's chief medical examiner, Dr. David R. Fowler, said his office has not completed an autopsy or turned any documents over to police or prosecutors. He said homicide detectives had observed the examination, a routine practice."
When it's complete, Fowler's report will go straight to the state's attorney's office, the newspaper says.
NPR and other news organizations have asked Baltimore's police department to release its report on the arrest and death of Freddie Gray, as well as for related documents and materials such as tapes of 9-1-1 calls made when Gray was taken into custody.
Protesters have been calling on police to reveal more information about the case.
Thursday was the third night of Baltimore's 10 p.m.-5 a.m. curfew. Ahead of the deadline, crowds of demonstrators marched downtown amid a large police presence. Baltimore's curfew is expected to remain in effect through this weekend.
According to The Associated Press, here's what protesters were chanting Thursday night:
- "I love Baltimore. We want peace."
- "No justice, no peace."
- "Justice. Freddie Gray."
- "Black lives matter."