Prosecutors in Baltimore have failed for the fourth time to secure a conviction in the Freddie Gray case, with Circuit Judge Barry G. Williams acquitting Lt. Brian Rice of all charges related to Gray's arrest and death.
Williams cleared Rice, 42, of involuntary manslaughter, reckless endangerment and misconduct in office in a downtown Baltimore courtroom on Monday morning. The judge had dismissed a second-degree assault charge at the trial's midpoint, and prosecutors dropped a second misconduct charge at the start.
Rice selected a bench trial rather than a jury trial, putting his legal fate in Williams' hands. He was the fourth of six officers charged in the case to go to trial.Williams said prosecutors had failed to meet their burden of proving the charges beyond a reasonable doubt, instead asking the court to rely on "presumptions or assumptions" something it cannot do. He said the court "cannot be swayed by sympathy, prejudice or public opinion."
Based on the law, he said, the prosecution failed to prove the elements of the crimes.
The prosecution did not show Rice acted in a "grossly negligent manner," required of manslaughter, he said. It did not show that Rice acted in an unreasonable way or ignored the substantial risk in placing Gray in a police van without a seat belt, required for reckless endangerment, he said. And, it did not show Rice acted "corruptly," which is required for misconduct in office, he said.Prosecutors alleged Rice, the highest-ranking officer of the six charged, had caused Gray's death by failing to secure him in a seat belt in the back of the police transport van in which he suffered severe spinal cord injuries last year. Gray, 25, died a week after his arrest. His death sparked widespread protests against police brutality.
Williams said a "mistake" or an "error in judgment" by Rice was not enough to prove the crimes alleged. He also noted the difference between criminal negligence and civil negligence, an apparent nod to the fact that the city previously negotiated with Gray's family attorney, William H. "Billy" Murphy, on the civil side and agreed to pay the family $6.4 million."Here, the failure to seatbelt may have been a mistake or it may have been bad judgement, but without showing more than has been presented to the court concerning the failure to seatbelt and the surrounding circumstances, the state has failed to meet its burden to show that the actions of the defendant rose above mere civil negligence," Williams said.
Murphy was not present in court, and could not immediately be reached for comment. Baltimore State's Attorney Marilyn Mosby, who announced the charges against the six officers in a high-profile news conference in May 2015, also did not attend.
Rice appeared calm, staring forward and showing no emotion as Williams announced each not-guilty ruling. At the adjacent table, Chief Deputy State's Attorney Michael Schatzow and Deputy State's Attorney Janice Bledsoe, who prosecuted the case, shook their heads. Schatzow sat with his chin resting on his hand for much of the Williams' comments. At one point, Bledsoe leaned back in her chair and rolled her head around.
When Williams adjourned the proceedings, Rice stood and shook hands with his attorneys and Gene Ryan, president of the Fraternal Order of Police Lodge 3, the union that represents officers in Baltimore. With his acquittal, Rice will have his pay restored by the Baltimore Police Department and he will be subject to an internal administrative review of his actions.
Rice's family members, who were present for the ruling, declined a request for comment.
Officer Caesar Goodson, the van driver who was acquitted last month of second-degree depraved heart murder and other charges in Gray's death, smiled and shook Rice's hand as the courtroom emptied. The city last week authorized a payment of $87,000 to Goodson as backpay for the time he spent without a paycheck. Rice is likely to also receive back pay.
Officer Edward Nero, who also was acquitted of all charges in May, greeted Rice and his supporters at the front of the room following the ruling.
Officer Garrett Miller was also in the courtroom, sitting with Nero and Goodson. Miller is scheduled to go to trial next, on July 27.
Officer William Porter, who had a mistrial in December after a 12-member jury could not reach a consensus on any of the charges against him, was not present, though his attorney was in the room. Also not in the room was Sgt. Alicia White, who is scheduled to go to trial Oct. 13. All of the officers have pleaded not guilty.
Rice's acquittal is likely to renew calls for Mosby to drop the remaining charges in the case, including from the union that represents the city's rank-and-file officers.
After the acquittal of Goodson, Ryan said that it was "time to put this sad chapter behind us." He said ongoing prosecution of the cases would hinder the ability of police in Baltimore to do their jobs. The FOP said Ryan would address Rice's acquittal Monday afternoon.
Prosecutors and defense attorneys in the case are barred by a gag order from commenting, as is Rice. Williams also does not comment on cases outside of court.
Bledsoe, during closing arguments in the case, said Gray's death "cannot be blamed on poor judgment or error," and that Rice's intentional actions "put together formed a chain" of events that caused Gray's death.
Rice's defense attorneys said his actions were reasonable given the volatility of the scene at the time, Gray's combativeness and the danger associated with placing a detainee in a seat belt in the close quarters of the van's rear compartment.
"Everything about it was professional, correct," said Michael Belsky, Rice's attorney.
Williams had seemed skeptical of the basis of the charges during closing arguments Thursday, asking Schatzow whether the prosecution believed that the failure to seat belt Gray was in itself a crime.
"The simple fact he didn't do it means he's guilty of these crimes?" Williams asked.
Schatzow said it did, based on the circumstances. Belsky said the prosecution's theory, if upheld by the judge, would set a "very dangerous precedent."
On Monday, Williams noted that both sides had argued about the circumstances in which Rice made his decision not to secure Gray in a seat belt at the intersection of N. Mount and Baker streets. He said both sides wanted him to view the atmosphere the prosecution said the officers were not being threatened, the defense said it was a volatile scene in a "vacuum," but that he had to view it in context.
He quoted individuals heard yelling at the officers on a cellphone video of the scene, and said it was clear to him that "emotions and tensions ran high" that day. He said it was "a matter of perspective" as to the threat and need for officers to leave the scene quickly, and that Rice's perspective was important.
He quoted one person as saying, "Smoke this dumb," and another as saying, "I'll bust all three of them."
"It is clear that law enforcement and citizens alike were yelling and upset. It is clear that information did not flow efficiently between law enforcement and citizens," Williams said. "While there are different views as to what happened, and a clear disagreement on the number of people at any given time, none of the individuals who testified indicated that it was a quiet time at Mount and Baker while Mr. Gray was being placed into the wagon."
Williams also found that prosecutors had failed to establish Rice's level of training or his awareness of a policy put in place days before Gray's arrest that removed an officers' discretion in deciding whether to secure a detainee in a seat belt instead requiring it. He noted that part of that failure may have stemmed from his decision to block some evidence of Rice's training based on a discovery violation by the prosecution. But he said the violation of police general orders is not a crime.
"Case law makes it abundantly clear that a violation of a general order may be an indicator that there is a violation of criminal law, but failing to seatbelt a detainee in a transport wagon is not inherently criminal conduct," he said.
Like in Nero and Goodson's trials, Williams delivered his ruling by reading from prepared remarks from the bench. He took the charges one by one, outlining the elements required for each and his reasoning for finding Rice not guilty.
Afterward, David Jaros, a University of Baltimore law professor who watched the trial, said prosecutors are "going to have to step back and reassess their evidence" against the officers still facing charges.
Douglas Colbert, a University of Maryland law professor who also observed the proceedings, said Williams obviously "wanted more direct evidence" to convict Rice. Still, he praised Mosby for bringing the case, which he saw as "another step in making sure no one else suffers the fate" that Gray faced.
"From this point forward," he said, "the police are certainly put on notice that they must provide care and safeguard prisoners."
