National

Prosecutor Charges 6 Baltimore Officers in Gray’s Death

Published

10 years ago

May 1, 2015

Marilyn Mosby, Baltimore state’s attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody. (AP Photo/Alex Brandon)

Juliet Linderman and Amanda Lee Myers, ASSOCIATED PRESS

BALTIMORE (AP) — Baltimore’s top prosecutor announced criminal charges Friday against all six officers suspended after a man suffered a fatal spinal injury in police custody, saying “no one is above the law.”

State’s Attorney Marilyn Mosby declared that Freddie Gray’s death was a homicide, his arrest was illegal, and his treatment in custody amounted to murder and manslaughter.

Onlookers began to cheer and then express amazement over Mosby’s announcement, which few expected so quickly.

“The findings of our comprehensive, thorough and independent investigation coupled with the medical examiner’s determination that Mr. Gray’s death was a homicide,” Mosby said, “we have probable cause to file criminal charges.”

Whoops, cheers and shouts of “Justice!” erupted on the steps of the War Memorial Building, and in the streets of Baltimore, which has faced nearly two weeks of growing anger over Gray’s death. Mosby announced the charges one day after receiving the results of the internal police investigation and the autopsy report. As she spoke, the city was bracing for huge crowds in two more waves of protests Friday and Saturday.

“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,” she said.

The stiffest charge — second-degree “depraved heart” murder — was filed against driver of the police van. The other five were charged with crimes including manslaughter, assault, false imprisonment and misconduct in office.

Fraternal Order of Police local president Gene Ryan told Mosby in a letter before the charges were announced Friday that none of the six suspended officers were responsible for Gray’s death.

But Mosby said Gray was illegally arrested, assaulted, falsely accused of carrying an illegal weapon. He was handcuffed and then hoisted into the metal compartment of a police van without the seatbelt that all officers are told they must put on for safety of both detainees and officers.

The officers later failed to get medical help even though Gray requested it repeatedly, she said. At some point along the way, he suffered a mysterious spinal injury and died a week later.

Mosby said what police described as an illegal switchblade — Officer Garrett E. Miller swore in a court record under penalty of perjury that he found such a knife clipped inside Gray’s pants pocket — was in fact a legal knife, and provided no justification for Gray’s arrest.

She said Gray was assaulted by Miller, Officer William G. Porter, Officer Edward M. Nero, Lt. Brian W. Rice and Sgt. Alicia D. White. Each faces up to 10 years if convicted of second-degree assault.

The van driver, Officer Caesar R. Goodson Jr., faces up to 30 years on the murder charge, and 10 years each for involuntary manslaughter, assault and “manslaughter by vehicle.” All of the officers also face a charge of misconduct in office.

Warrants were issued for their arrest, but Mosby said she was not sure if they were already in custody.

Mosby said she comes from five generations of police officers, that she respects and honors how police serve the people, and that this case should in no way damage the relationship between police and prosecutors in Baltimore.

She swiftly rejected a request from the Baltimore police officers union asking her to appoint a special independent prosecutor because of her ties to attorney Billy Murphy, who is representing Gray’s family. Murphy was among Mosby’s biggest campaign contributors last year, donating the maximum individual amount allowed, $4,000, in June. Murphy also served on Mosby’s transition team after the election.

In front of a fire station where Gov. Larry Hogan was scheduled to visit Friday, a man leaning out of a passing truck window pumped both arms in the air and yelled, “Justice! Justice! Justice!”

At the corner of Pennsylvania and North avenues, where the worst of the rioting took place on Monday, drivers honked their horns. When buses stopped in front of the subway station, people spilled out cheering as the doors opened.

There was no large gathering at the intersection immediately after the announcement, though: Nearly 100 police in riot gear were deployed, and for the moment, they had nothing to do.

Ciara Ford, of Baltimore, expressed surprise at the decision to prosecute.

“I’m ecstatic,” she said. “I hope this can restore some peace.”

“It makes you cry,” said her friend, Stephanie Owens of Columbia.

They both hoped the officers would be convicted. And both believed that the protests in the city made a difference in ensuring that authorities took the case seriously.

“If we had kept quiet, I don’t think they would have prosecuted,” Ford said.

Community activist Ted Sutton surveyed the joyous scene with amazement. “You don’t see people chanting. What you see is people celebrating,” Sutton said.

The charges, and Mosby’s detailed explanation of what happened, are a first step toward transparency, he said.

“She took the time to critique the evidence,” Sutton said, noting that the officers faced different charges specific to their actual alleged misconduct. “To have each person charged with what they actually did . to have it come out this quick — this is something else.”

He shuddered to think what the intersection would have looked like if she had announced that no charges would be filed.

“We wouldn’t want to imagine what was going to happen right here,” he said.

___

Associated Press writers Brian Witte, Matthew Barakat and David Dishneau contributed to this story.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

###

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Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

Published

1 day ago

November 1, 2024

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New Filing: Trump’s Attempts to Overturn 2020 Election Were Part of Private Scheme, Not Official Acts

NNPA NEWSWIRE — The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

Published

4 days ago

October 29, 2024

Oakland Post

Jack Smith during a statement regarding the indictment of Donald J. Trump. (Wikimedia Commons)

By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

Special Counsel Jack Smith has delivered a powerful legal blow to former President Donald Trump, unveiling new evidence that the twice-impeached Trump’s efforts to overturn the 2020 election results were part of a private scheme rather than actions taken in his official capacity as president.

In a 165-page legal brief unsealed Wednesday, Smith provided new details about Trump’s behind-the-scenes maneuvers to subvert the election, including pressure campaigns targeting key officials, attempts to create false electors, and private discussions with his vice president, Mike Pence.

The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

Smith’s brief is part of a broader strategy to prove that Trump can face trial for his actions, even after a Supreme Court ruling granted him immunity for official acts as president. The special counsel argues that Trump’s efforts to enlist Pence in blocking Congress’s certification of the election results were part of a private, illegal campaign to retain power, not part of his official duties.

“At its core, the defendant’s scheme was a private criminal effort,” Smith wrote in the filing. “In his capacity as a candidate, he used deceit to target every stage of the electoral process.”

The document provides new evidence of Trump’s attempts to sway election officials in critical swing states to alter the results in his favor. The brief quotes a lawyer advising Trump, who gave an “honest assessment” that his claims of widespread fraud would not withstand scrutiny in court. Yet, Trump dismissed the warning. “The details don’t matter,” Trump said, according to the filing.

Further, the brief recounts private conversations between Trump and Pence, in which Pence urged Trump to accept defeat and consider another run in 2024. Trump, however, expressed reluctance, saying, “2024 is so far off.”

Smith’s filing depicts Trump’s actions as part of a desperate and illegal campaign to remain in power after losing the 2020 election. The brief also points to Trump’s reliance on Giuliani and other private allies in his election subversion attempts, asserting that none of these efforts fell under the scope of presidential duties.

“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct,” the filing reads. “Not so. Although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one.”

A sealed appendix to the legal brief contains FBI interviews, search warrant affidavits, and grand jury testimony that might soon become public. Smith’s filing builds on the indictment released last year, expanding the evidence and reinforcing the argument that Trump’s conduct was criminal and not shielded by presidential immunity.

Smith concluded the brief with an explicit request to the court: “The government respectfully submits that the defendant’s conduct described in this motion is not subject to presidential immunity and that he should face trial for his private acts of subversion.”

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Special Interview: Rep. Barbara Lee Discusses Kamala Harris’ Plan for Black Men

On Oct. 16, California Black Media (CBM) spoke with Harris-Walz campaign surrogate, Congresswoman Barbara Lee (D-CA-12), who shared more insights on Harris’ agenda and the importance of securing the Black Male vote. “She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.” The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour.

Published

5 days ago

October 28, 2024

Oakland Post

(File Photo) U.S. Congresswoman Barbara Lee (D-13-Oakland) chides Justices on the Supreme Court of the United States for voting to strike down Affirmative Action. She is shown here speaking in front of the California Reparations Task Force in Oakland on May 6, 2023. CBM photo by Antonio Ray Harvey. By Edward Henderson, California Black Media

By Edward Henderson, California Black Media

Last week, the Kamala Harris campaign released its Opportunity Agenda for Black Men.

“She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.”

The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour:

Provide 1 million loans that are fully forgivable to Black entrepreneurs and others disadvantaged groups to start businesses.
Champion education, training, and mentorship programs that help Black men get good-paying jobs in high-demand industries It will also develop more accessible pathways for Black men to become teachers.
Support a regulatory framework for cryptocurrency and other digital assets so Black men who invest in and own these assets are protected.
Launch a National Health Equity Initiative focused on Black men that addresses sickle cell disease, diabetes, mental health, prostate cancer, and other health challenges that disproportionately impact them.
Legalize recreational marijuana and creating opportunities for Black Americans to succeed in this new industry.

“[Vice President Harris] knows that Black men have long felt that too often their voice in our political process has gone unheard and that there is so much untapped ambition and leadership within the Black male community,” the language in the agenda states. “Black men and boys deserve a president who will provide the opportunity to unleash this talent and potential by removing historic barriers to wealth creation, education, employment, earnings, health, and improving the criminal justice system.”

Diving into Harris’ agenda, Lee says, reminded her of her own record of supporting Black men over the years as an elected official. In the 90’s, she established the first California Commission on African American Males through which she pressured the state to address urgent economic, health and social challenges specific to Black men.

“No group of people are a monolithic group of people,” said Lee She’ s not taking any vote for granted. I’ve known her over three decades and I believe she is being herself. She’ s authentic,” Lee added.

Each of the 5 key points addressed in the Harris Campaign’s agenda, Lee says, has additional clauses that can potentially help Black men and their families thrive. This includes lowering rent; up to $25,000 in downpayment help for first time homebuyers; and cutting taxes for Black men in lower-wage jobs by increasing the Earned Income Tax Credit maximum to $1,500.

“I think the messages is one of empowerment for Black men — regardless of whether they’ re a blue-collar worker, if they’ re not working, if they’ re in business, if they’ re an entrepreneur, whatever background or whatever they’re doing or experiencing life. I think the authenticity of their experience can only be articulated through them,” said Lee.