"When the detention morphed into an arrest, the defendant was not present," Williams said. "As such, the court rejects the state's theory that the defendant was involved in the arrest, because, absent 'I' and 'we,' there are no credible facts to show that he was involved in the touching of Mr. Gray before Miller brought him to the corner."
Prosecutors also argued Nero could be convicted under a theory of "accessory liability," which Williams said would require showing Nero knew a crime was being committed and either participated or deliberately allowed it to continue. Bledsoe had argued that while there was no case law to support the argument, there was also none prohibiting it.
Williams said it was "not an appropriate application of the law."
"There has been no information presented at this trial that the defendant intended for any crime to happen, nor has there been any evidence presented that the defendant communicated any information to a primary actor that he was ready, willing and able to lend support if needed to any crime," Williams said.