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April 26, 2024

DOJ will not prosecute officers in Freddie Gray case

By CATHERINE PALMER | September 14, 2017

The Department of Justice (DOJ) announced Tuesday that none of the six Baltimore Police Department (BPD) officers originally charged in connection with Freddie Gray’s 2015 death will face federal criminal charges.

Since all state criminal proceedings against the officers concluded last year with no convictions, the DOJ’s decision means that no one will be held criminally responsible for Gray’s death.

The announcement was made just one day after news broke that five of the six officers could face internal disciplinary action. Public trials are set to be conducted by the BPD starting next month.

Gray, a 25-year-old black man and Baltimore resident, died in April 2015 from a severe spinal cord injury one week after being arrested by BPD officers. His death sparked more than a week of both peaceful and violent protests that gained national attention.

State’s Attorney Marilyn Mosby brought criminal charges against the six officers involved in Gray’s arrest in May 2015, the day after the state’s medical examiner’s office ruled Gray’s death a homicide.

However, following the mistrial of Officer William Porter and the acquittals of Officer Edward Nero, Officer Caesar Goodson, Jr. and Lieutenant Brian Rice, Mosby believed the possibility of securing any convictions was unlikely. She dropped the charges against Porter, who was set to be retried, as well as Officer Garrett Miller and Sergeant Alicia White in July 2016.

The DOJ’s Civil Rights Division began its own investigation into Gray’s death in 2015 under former Attorney General Loretta Lynch but ultimately concluded that none of the officers should be charged. The DOJ released a statement explaining its decision on Tuesday.

“[T]he Justice Department concluded that the evidence is insufficient to prove beyond a reasonable doubt that [the officers] willfully violated Gray’s civil rights,” a portion of the statement read.

However, the DOJ has taken action against the BPD as a result of Gray’s death. In 2015, the Civil Rights Division launched a concurrent investigation into the organization and confirmed allegations of widespread abuse and misconduct, specifically targeting black Baltimoreans.

In a 2016 report, the DOJ cited multiple unconstitutional and unnecessarily violent stops, searches and arrests of black citizens. To avoid federal civil charges, the BPD agreed in January to make significant reforms, a concession approved by a federal court.

According to The Baltimore Sun, the DOJ and BPD are currently working to secure a federal monitor to handle the department overhaul.

Meanwhile the BPD’s disciplinary trials are scheduled to begin at the end of October, according to The Sun. Goodson, who drove the police van in which Gray allegedly sustained the fatal spinal cord injury, will be tried first, followed by Rice in November. White, Miller and Nero are set to be tried in December.

All six officers involved in Gray’s arrest, including Porter who is not facing a disciplinary trial, are currently employed by the BPD. According to The Sun, Goodson, Rice and White face termination while Miller and Nero, the bike cops who, along with Rice, pursued and arrested Gray, face five days of unpaid suspension if the charges against them are upheld.

The charges come after the BPD asked neighboring Montgomery County and Howard County police departments to review its officers’ actions, according to The Sun. Porter was cleared, while charges against the other five have not been specified.

By law, the officers had the right to accept recommended punishments, according to The Sun. They instead chose to face trial boards, composed of three fellow officers who determine whether or not to uphold the charges. If they are upheld, Police Commissioner Kevin Davis will determine punishments for the officers on trial.

According to The Sun, the trials will be open to the public per a new state law, but the boards’ decision on the charges will remain confidential.


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