Freddie Gray driver aquitted

[skycop 0]

Quote

By Juliet Linderman
Associated Press

BALTIMORE — A judge acquitted a police driver of all charges on Thursday in the death of 25-year-old arrestee Freddie Gray, whose broken neck on the way to the station set off Baltimore's worst riots in decades.

Six officers were charged in Gray's death, but only Officer Caesar Goodson was accused of "depraved heart" murder. Gray was fatally injured after officers bound his hands and feet and Goodson left him unprotected by a seat belt that prosecutors say would have kept him from slamming into the van's metal walls.





Officer Caesar Goodson, left, one of six Baltimore city police officers charged in connection to the death of Freddie Gray, arrives at a courthouse before receiving a verdict in his trial in Baltimore, Thursday, June 23, 2016. (AP Photo/Patrick Semansky)
Officer Caesar Goodson, left, one of six Baltimore city police officers charged in connection to the death of Freddie Gray, arrives at a courthouse before receiving a verdict in his trial in Baltimore, Thursday, June 23, 2016. (AP Photo/Patrick Semansky)




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Baltimore Circuit Judge Barry Williams also found Goodson not guilty of manslaughter, assault, misconduct in office, and reckless endangerment after five days of testimony in the non-jury trial.

Williams said the state failed to show that Goodson knew he'd harm Gray by leaving him unbuckled, or that he was aware of the injury.

"The state failed to prove the defendant knew or should have known that Mr. Gray needed medical care," the judge said.

"Unlike in a shooting or a stabbing, or a car accident, this injury manifests itself internally," Williams said, citing conflicting testimony from medical experts. "If the doctors weren't clear, how would a person without medical training know?"

The judge also said the state failed to prove Goodson gave Gray a "rough ride."

"The state had a duty to show the defendant corruptly failed in his duty, not just that he made a mistake," the judge said.

Outside the courthouse, a small group of protesters chanted: "We can't stop. We won't stop, till killer cops are in cell blocks."

Protests and rioting after Gray's death on April 19, 2015 set the city on fire, forcing Maryland to bring in the National Guard. The unrest forced the city's mayor to abandon her re-election campaign, and the Department of Justice opened an investigation into allegations of widespread police abuse.

The Democratic nominee to become Baltimore's next mayor, State Sen. Catherine Pugh, issued a statement pleading for patience.

"Protests are a vital part of democracy, but to destroy the homes and businesses many people have worked very hard to build is unacceptable. Although people may disagree with the verdict, it is important to respect each other and to respect our neighborhoods and our communities," Pugh said.

Prosecutors said Goodson was criminally negligent when he failed to buckle Gray into a seat belt or call for medical aid after Gray indicated that he wanted to go to a hospital. But Goodson wouldn't talk to investigators or take the stand at trial, leaving the state with slim evidence of intent to harm.

The acquittal of Goodson, 46, is perhaps the most significant blow to State Attorney Marilyn Mosby's efforts to hold police accountable for Gray's death.

Last month, the same judge acquitted Officer Edward Nero of misdemeanor charges, and in December, he declared a mistrial after a jury failed to agree on manslaughter and other charges against Officer William Porter.

Porter faces a retrial in September, and three other officers have yet to be tried.

Gray was arrested April 12 after running from an officer on bike patrol outside a public housing project not far from the Western District station house. A neighbor's video showed him handcuffed behind his back and hoisted into Goodson's van.

The van made a total of six stops that day, and Gray was unresponsive on arrival at the station house 45 minutes later. Prosecutors said Goodson was there throughout and checked on Gray during the third and fourth stops, so he should have known Gray was in distress. They said his failure to call a medic amounts to murder.

A prosecution expert testified that Gray could not possibly have broken his own neck. Prosecutors said the injury happened somewhere between the second and fourth stops, when Goodson and Porter lifted Gray off the floor.

Porter testified that Gray was lethargic, but could breathe and speak, and didn't seem injured. Prosecutors countered that the initial injury became critical as the trip continued.

Second-degree "depraved heart" murder, which carries up to 30 years in jail, would mean that Goodson was so negligent in his inaction that he cast aside any consideration for Gray's life.

During opening statements, prosecutors for the first time accused Goodson of giving Gray a "rough ride," intentionally leaving him unbuckled "to bounce him around in the back of the van."

But by closing arguments, they all but abandoned the theory, saying Goodson's failure to belt Gray in under the circumstances was sufficient to prove the intent necessary for a murder conviction.

"Officer Goodson never calls a medic, he never takes Freddie Gray to the hospital," said Deputy State's Attorney Jan Bledsoe. "He has breached his duty, and because of that breach Freddie Gray's life was shortened."

The judge seemed skeptical, peppering prosecutors with questions and asking what evidence they had supporting the "rough ride" theory. What if Gray had emerged from the van unhurt, despite being unbuckled, and was found to be falsely claiming injury in order to avoid jail?

Chief Deputy State's Attorney Michael Schatzow said the failure to belt him in would still be a crime, although a difficult one to prosecute.

Goodson's attorney Matthew Fraling fiercely rejected the allegations, telling the judge that Goodson was a "gentle" officer who didn't buckle him in because Gray was exhibiting "violent and erratic" behavior, citing witness testimony that he was making the wagon shake back and forth by kicking and flailing inside.

Fraling also said Gray said yes when Porter asked if he wanted to go to a hospital only because Gray hoped to avoid jail.

"They have failed to cobble together any type of case with reasonable inferences, let alone evidence," he said. "The mere fact that harm resulted doesn't mean the Officer Goodson's conduct is the cause of that harm."

Goodson's acquittal may impact the remaining cases. Officer Garrett Miller and Lt. Brian Rice are scheduled to stand trial in July on charges of assault, reckless endangerment and misconduct in office; Rice also faces a manslaughter charge.

All the officers but Goodson have filed defamation lawsuits against Mosby and Maj. Sam Cogen of the sheriff's office, who signed the charging documents. The officers claim the criminal charges amounted to false and damaging information.

Copyright 2016 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

This was probably the only one who had a chance of being convicted.

If the prosecution actually followed the law, and charged this guy with willfully violating policy, (if he did) resulting in a negligent death, then the result could have been different. Instead she went after everyone, even though the stop and arrest were legit.

I'd hate to be in Baltimore the next few days, this same thing is going to play out in Cincinnati the next few months.

There is no way they are going to get a murder conviction, although a manslaughter conviction is a very real possibility.

"Just 'cause I'm simple, don't mean I'm stewpid!"

[nolhtairt 0]

Think the rioting will begin anew?

[skycop 0]

Highly likely to some extent.
However many saw this coming and hopefully cooler heads prevail.

"Just 'cause I'm simple, don't mean I'm stewpid!"

[rehmwa 2]

this one sucks

making the arrest? yes, escalate effort until the criminal is cuffed and under control

but once they are under control? then they are in the cops care and anything that happens after that point is the direct responsibility of the people holding them (it doesn't matter how big an asshole Gray was, how bad a crime, how badly he's thrashing, etc etc etc - he's now helpless and in their care)

his neck broke after he was under their control - pure negligence at the best. murder at worst

...
Driving is a one dimensional activity - a monkey can do it - being proud of your driving abilities is like being proud of being able to put on pants

[skycop 0]

It's boils down to several bad choices by the prosecution.
IMHO these choices were politically motivated and came back to bite them in the arse.

"Just 'cause I'm simple, don't mean I'm stewpid!"

[ibx 2]

Quote

IMHO these choices were politically motivated

So here we are again where cops can kill with imputiny and they can be sure their asses are covered.

Oh why oh why, does the population not trust establishment anymore?

[rushmc 23]

rehmwa

this one sucks

making the arrest? yes, escalate effort until the criminal is cuffed and under control

but once they are under control? then they are in the cops care and anything that happens after that point is the direct responsibility of the people holding them (it doesn't matter how big an asshole Gray was, how bad a crime, how badly he's thrashing, etc etc etc - he's now helpless and in their care)

his neck broke after he was under their control - pure negligence at the best. murder at worst

this was a political prosecution.


But I am glad you know more than the jury or the judge in this case.

I did not know you sat in on the trial so as to be able to make such an assertion.

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[rushmc 23]

ibx

Quote

IMHO these choices were politically motivated

So here we are again where cops can kill with imputiny and they can be sure their asses are covered.

Oh why oh why, does the population not trust establishment anymore?

So the trial results means nothing to you.

Again
This was a political stunt and had nothing to do with anything criminal or negligent.

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[SkyDekker 1,465]

rushmc

***

Quote

IMHO these choices were politically motivated

So here we are again where cops can kill with imputiny and they can be sure their asses are covered.

Oh why oh why, does the population not trust establishment anymore?

So the trial results means nothing to you.

Again
This was a political stunt and had nothing to do with anything criminal or negligent.

You must think OJ was really innocent too.

[rushmc 23]

SkyDekker

******

Quote

IMHO these choices were politically motivated

So here we are again where cops can kill with imputiny and they can be sure their asses are covered.

Oh why oh why, does the population not trust establishment anymore?

So the trial results means nothing to you.

Again
This was a political stunt and had nothing to do with anything criminal or negligent.

You must think OJ was really innocent too.

Has nothing to do with what I think.

But is it all emotions for you.

This and you think you know better than a judge or jury.

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[SkyDekker 1,465]

rushmc

*********

Quote

IMHO these choices were politically motivated

So here we are again where cops can kill with imputiny and they can be sure their asses are covered.

Oh why oh why, does the population not trust establishment anymore?

So the trial results means nothing to you.

Again
This was a political stunt and had nothing to do with anything criminal or negligent.

You must think OJ was really innocent too.

Has nothing to do with what I think.

But is it all emotions for you.

This and you think you know better than a judge or jury.

I think the jury got it right.

I think the driver isn't innocent.

I think your justice system is entirely fucked.