Three Baltimore Police Department officers charged in the 2015 death of Freddie Gray will not go to trial as originally planned.
Chief Deputy State Attorney Michael Schatzow of the Baltimore City State Attorney’s Office said during a court hearing Wednesday that his office would not prosecute Officer Garrett Miller and Sgt. Alicia White or attempt to retry Officer William Porter, whose case ended in a mistrial in December.
Baltimore City State’s Attorney Marilyn Mosby had charged Miller, White, and Porter, along with Officer Edward Nero, Officer Caesar Goodson Jr., and Lt. Brian Rice, in Gray’s May 2015 death in police custody.
The officers faced an array of charges, ranging from second-degree depraved-heart murder and reckless endangerment to second-degree assault and involuntary manslaughter.
All of the officers pleaded not guilty.
Judge Circuit Judge Barry G. Williams acquitted Nero, Goodson, and Rice during bench trials that ended in May, June, and July, respectively. Miller’s trial was set to begin Wednesday; White, October 13, and Porter, September 6.
Gray, who was Black, died of a neck injury a week after being taken into police custody in April 2015. The 25-year-old’s death led to widespread protest and civil disobedience against racial injustice and a number of reforms in Baltimore and across Maryland.
Mosby, in filing charges against the officers, attempted to hold law enforcement accountable for failing to secure Gray in a seat belt after transporting him in a police van following his arrest, among other alleged negligent acts. Prosecutors charged that Gray was illegally detained before police officers found a knife in his pocket.
Mosby stood by her decision to bring charges against the six officers during a brief press conference held near the Gilmor Homes public housing project, where Gray was taken into police custody.
“We stand by the medical examiners determination that Freddie Gray’s death was a homicide,” Mosby said.
She touted her team’s success during the trials, including an appellate court victory that led some officers to testify against one another and asserted that a summary judgment was among many reasons she had “legitimate reasons” to pursue criminal charges.
Mosby praised the reforms that had come over the past year, including a new “use of force” policy Baltimore police instituted this year. The new policy emphasizes de-escalation and accountability. It marks the first rewrite of the policy since 2003.
“For those that believe I am anti-police, that’s simply not the case. I am anti-police brutality,” Mosby said.
The conference was the first time Mosby had spoken in months, since a gag order imposed by Williams had kept prosecution and defense alike from commenting on the police trials.
The decision to drop charges stemmed from “an apparent acknowledgement” that convictions were unlikely for the remaining officers, the Baltimore Sun reported.
This was because the prosecution would face major challenges during Miller’s trial since they wouldn’t be able to use anything he said on the witness stand during Nero’s trial in an attempt to convict him. Miller had spoken during Nero’s trial in an immunized testimony and with protections against self incrimination, the Sun reported.
Williams said in previous trials that prosecutors failed to show sufficient evidence to support their stance that the officers acted recklessly and caused Gray’s death. He said prosecutors wanted him to rely on “presumptions or assumptions” and rejected the notion that police intentionally gave Gray a “rough ride” in the police vehicle, according to numerous news reports.
The decision to drop charges drew criticism from many activists and citizens alike, but drew praise from the Baltimore City Fraternal Order of Police Lodge 3 union, which had repeatedly urged the prosecution to drop charges.
Baltimore Bloc, a local grassroots group, said in a statement this spring that Mosby should be removed from office for failing to secure convictions against officers and continued to criticize her on Twitter after the announcement that charges would be dropped.