WATCH: Baltimore Prosecutor Charges Six Police Officers, Calls Freddie Gray’s Death a "Homicide"
Transcript
MARILYN MOSBY:
Good morning. First and foremost, I need to express publicly my deepest
sympathies for the family of the loved ones of Mr. Freddie Gray. I had
the opportunity to meet with Mr. Gray’s family to discuss some of the
details of the case and the procedural steps going forward. I assured
his family that no one is above the law and that I would pursue justice
on their behalf.
To the thousands of city residents, community organizers, faith
leaders and political leaders that chose to march peacefully throughout
Baltimore, I commend your courage to stand for justice. I also commend
the brave men and women, both in uniform and out, who have stepped up
Monday night to protect our communities from those who wish to destroy
it.
As the city’s chief prosecutor, I’ve been sworn to uphold justice and
to treat every individual within the jurisdiction of Baltimore City
equally and fairly under the law. I take this oath seriously, and I want
the public to know that my administration is committed to creating a
fair and equitable justice system for all, no matter what your
occupation, your age, your race, your color or your creed. It is my job
to examine and investigate the evidence of each case and apply those
facts to the elements of a crime in order to make a determination as to
whether individuals should be prosecuted. This is a tremendous
responsibility, but one that I sought and accepted when the citizens of
Baltimore City elected me as the state’s attorney. And it’s precisely
what I did in the case of Freddie Gray.
Once alerted about this incident on April 13th, investigators from my
police integrity unit were deployed to investigate the circumstances
surrounding Mr. Gray’s apprehension. Over the course of our independent
investigation in the untimely death of Mr. Gray, my team worked around
the clock, 12- and 14-hour days, to canvas and interview dozens of
witnesses, view numerous hours of video footage, repeatedly reviewed and
listened to hours of police videotaped statements, surveyed the route,
reviewed voluminous medical records, and we leveraged the information
made available to us by the police department, the community and the
family of Mr. Gray.
The findings of our comprehensive, thorough
and independent investigation, coupled with the medical examiner’s
determination that Mr. Gray’s death was a homicide, which we received
today, has led us to believe that we have probable cause to file
criminal charges.
The statement of probable cause is as follows:
On April 12, 2015, between 8:45 and 9:15 a.m., near the corner of North
Avenue and Mount Street, Lieutenant Brian Rice of the Baltimore Police
Department, while on bike patrol with Officers Garrett Miller and Edward
Nero, made eye contact with Mr. Freddie Carlos Gray Jr. Having made eye
contact with Mr. Gray, Mr. Gray subsequently ran from Lieutenant Rice.
Lieutenant Rice then dispatched over departmental radio that he was
involved in a foot pursuit, at which time bike patrol officers and
Nero—Officers Miller and Nero also began to pursue Mr. Gray.
Having come in contact with the pursuing
officers, Mr. Gray surrendered to Officers Miller and Nero in the
vicinity in the 1700 block of Presbury Street. Officers Miller and Nero
then handcuffed Mr. Gray and moved him to a location a few feet away
from his surrendering location. Mr. Gray was then placed in a prone
position with his arms handcuffed behind his back. It was at this time
that Mr. Gray indicated that he could not breathe, and requested an
inhaler, to no avail.
Officers Miller and Nero then placed Mr. Gray
in a seated position and subsequently found a knife clipped to the
inside of his pants pocket. The blade of the knife was folded into the
handle. The knife was not a switchblade and is lawful under Maryland
law. These officers subsequently removed the knife and placed it on the
sidewalk.
Mr. Gray was then placed back down on his
stomach, at which time Mr. Gray began to flail his legs and scream as
Officer Miller placed Mr. Gray in a restraining technique known as a leg
lace, while Officer Nero physically held him down against his will
until a BPD wagon arrived to transport Mr. Gray.
Lieutenant Rice, Officer Miller and Officer
Nero failed to establish probable cause for Mr. Gray’s arrest, as no
crime had been committed by Mr. Gray. Accordingly, Lieutenant Rice,
Officer Miller and Officer Nero illegally arrested Mr. Gray.
Upon arrival of the transport wagon, driven by
Officer Caesar Goodson, Lieutenant Rice, Officer Nero and Officer
Miller loaded Mr. Gray into the wagon, and at no point was he secured by
a seatbelt while in the wagon, contrary to a BPD general order. Lieutenant Rice then directed BPD
wagon to stop at Baker Street. At Baker Street, Lieutenant Rice,
Officer Nero and Officer Miller removed Mr. Gray from the wagon, placed
flex-cuffs on his wrists, placed leg shackles on his ankles, and
completed required paperwork. Officer Miller, Officer Nero and
Lieutenant Rice then loaded Mr. Gray back into the wagon, placing him on
his stomach, head first, onto the floor of the wagon. Once again, Mr.
Gray was not secured by a seatbelt in the wagon, contrary to a BPD general order.
Lieutenant Rice then directed Officer Goodson
to transport Mr. Gray to the Central Booking & Intake Facility.
Following transport from Baker Street, 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.
From Baker Street, Officer Goodson proceeded to the vicinity of Mosher
Street and Fremont Avenue, where he subsequently parked the wagon and
proceeded to the back of the wagon in order to observe Mr. Gray. Despite
stopping for the purpose of checking on Mr. Gray’s condition, at no
point did he seek nor did he render any medical assistance for Mr. Gray.
Officer Goodson returned to his driver’s seat and proceeded toward the
Central Booking & Intake Facility with Mr. Gray still unsecured by a
seatbelt, contrary to a BPD general order.
Several blocks later, Officer Goodson called
into dispatch that he needed to check on the status of his prisoner, and
requested additional units at Dolphin Street and Druid Hill Avenue.
Officer William Porter arrived on the scene near Dolphin Street and
Druid Hill Avenue. Both Officer Goodson and Officer Porter proceeded to
the back of the wagon to check on the status of Mr. Gray’s condition.
Mr. Gray at that time requested help and indicated that he could not
breathe. Officer Porter asked Mr. Gray if he needed a medic, at which
time Mr. Gray indicated at least twice that he was in need of a medic.
Officer Porter then physically assisted Mr. Gray from the floor of the
van to the bench; however, despite Mr. Gray’s appeal for a medic, both
officers assessed Mr. Gray’s condition, and at no point did either of
them restrain Mr. Gray per BPD general order, nor did they render or request medical assistance.
While discussing the transportation of Mr.
Gray for medical attention, a request for additional units was made for
an arrest at the 1600 West North Avenue. Officer Porter left the
vicinity of Dolphin Street and Druid Hill Avenue to assist in the arrest
of another prisoner at North Avenue. Despite Mr. Gray’s obvious and
recognized need for medical assistance, Officer Goodson, in a grossly
negligent manner, chose to respond to the 1600 block of West North
Avenue with Mr. Gray still unsecured by a seatbelt in the wagon, without
rendering to or summonsing medical assistance for Mr. Gray.
Officer Goodson arrived at North Avenue to
transport the individual arrested at the location of North Avenue and
Pennsylvania Avenue, at which time he was again met by Officer Nero,
Miller, Porter and Lieutenant Rice. Once the wagon arrived, Officer
Goodson walked to the back of the wagon and again opened the doors to
the wagon to make observations of Mr. Gray. Sergeant Alicia White,
Officer Porter and Officer Goodson observed Mr. Gray unresponsive on the
floor of the wagon. Sergeant White, who was responsible for
investigating two citizen complaints pertaining to Mr. Gray’s illegal
arrest, spoke to the back of Mr. Gray’s head. When he did not respond,
she did nothing further, despite the fact that she was advised that he
needed a medic. She made no effort to look or assess or determine his
condition. Despite Mr. Gray’s seriously deteriorating medical condition,
no medical assistance was rendered or summonsed for Mr. Gray at that
time by any officer.
After completing the North Avenue arrest and
loading the additional prisoner into the opposite side of the wagon
containing Mr. Gray, Officer Goodson then proceeded to the Western
District police station, where, contrary to the BPD
general order, he again failed to restrain Mr. Gray in the wagon for at
least the fifth time. At the Western District police station, the
defendant arrested at North Avenue was unloaded, escorted and secured
inside of the police station prior to attending to Mr. Gray.
By the time Officer Zachary Novak, Sergeant
White and an unknown officer attempted to remove Mr. Gray from the
wagon, Mr. Gray was no longer breathing at all. A medic was finally
called to the scene, where, upon arrival, the medic determined that Mr.
Gray was now in cardiac arrest and was critically and severely injured.
Mr. Gray was rushed to the University of
Maryland Shock Trauma, where he underwent surgery. On April 19, 2015,
Mr. Gray succumbed to his injuries and was pronounced dead. The manner
of death, deemed a homicide by the Maryland State Medical Examiner, is
believed to be the result of a fatal injury that occurred while Mr. Gray
was unrestrained by a seatbelt in the custody of the Baltimore Police
Department wagon. All events occurred in Baltimore City, state of
Maryland.
While each of these officers are presumed innocent until proven guilty, we have brought the following charges:
Officer Caesar Goodson is being charged with
second-degree depraved-heart murder, involuntary manslaughter,
second-degree negligent assault, manslaughter by vehicle by means of
gross negligence, manslaughter by vehicle by means of criminal
negligence, misconduct in office for failure to secure a prisoner,
failure to render aid.
Officer William Porter is being charged with involuntary manslaughter, assault in the second degree, misconduct in office.
Lieutenant Brian Rice is being charged with
involuntary manslaughter, assault in the second degree, assault in the
second degree, misconduct in office, false imprisonment.
Officer Edward Nero is being charged with
assault in the second degree, intentional; assault in the second degree,
negligent; misconduct in office; false imprisonment.
Officer Garrett Miller is being charged with
intentional assault in the second degree; assault in the second degree,
negligent; misconduct in office; and false imprisonment.
Sergeant Alicia White is being charged with manslaughter, involuntary manslaughter, second-degree assault, misconduct in office.
While I am committed to transparency, what I
have revealed here today is now a matter of public record; however, the
evidence that we have collected and continue to collect cannot ethically
be released to the public. And I strongly condemn anyone in law
enforcement with access to trial evidence who has leaked information
prior to the resolution of this case. You are are only damaging our
ability to conduct a fair and impartial process for all parties
involved. I hope that as we move forward with this case, everyone will
respect due process and refrain from doing anything that will jeopardize
our ability to seek justice.
To the people of Baltimore and the
demonstrators across America, I heard your call for "no justice, no
peace." Your peace is sincerely needed, as I work to deliver justice on
behalf of this young man. To those that are angry, hurt or have their
own experiences of injustice at the hands of police officers, I urge you
to channel the energy peacefully as we prosecute this case. I have
heard your calls for "no justice, no peace"; however, your peace is
sincerely needed, as I work to deliver justice on behalf of Freddie
Gray.
To the rank-and-file officers of the Baltimore
City Police Department, please know that these accusations of these six
officers are not an indictment on the entire force. I come from five
generations of law enforcement. My father was an officer. My mother was
an officer, several of my aunts and uncles. My recently departed and
beloved grandfather was one of the founding members of the first black
police organization in Massachusetts. I can tell you that the actions of
these officers will not and should not, in any way, damage the
important working relationships between police and prosecutors as we
continue to fight together to reduce crime in Baltimore. Thank you for
your courage, commitment and sacrifice for the betterment of our
communities.
Lastly, I’d like to thank my team for working
around the clock since the day that we learned of this tragic incident.
We have conducted a thorough and independent investigation of this case.
This independent investigation was led by my deputy state’s attorney,
Janice Bledsoe and Michael Schatzow; my investigators, Wayne Williams,
Avon Mackal; and the hard-working investigative team that were here and
still are very much committed to pursuing justice.
I would also like to thank the Baltimore City
Police Department, particularly Major Brandford of the homicide unit and
Rodney Hill of the internal affairs division, for providing us with a
hard copy of their investigative materials yesterday, information that
we already had. And lastly, I would like to thank Baltimore City Sheriff
Department in assisting us with this investigation as an independent
law enforcement agency with police powers.
To the governor of this great state of Maryland, thank you for expediting the autopsy report, which enabled us to do our job.
Last, but certainly not least, to the youth of
this city, I will seek justice on your behalf. This is a moment. This
is your moment. Let’s ensure that we have peaceful and productive
rallies that will develop structural and systemic changes for
generations to come. You’re at the forefront of this cause. And as young
people, our time is now.
I’m going to take a few questions.
REPORTER:
How much of the police investigation, that was delivered to you
yesterday, factored into your decision to go forward with these charges?
And how much of it was strictly your independent state’s attorney
investigation?
MARILYN MOSBY:
What I can tell you is that we’ve been working with the police
department from day one. And from day one, I also sent my own
investigators to the scene. So we’ve been leveraging, and we’ve been
being briefed on what’s been going on with the police department. So
what we received from the police department yesterday, we already had. I
can tell you that we independently verified those facts and everything
that we’ve received from the police department. So it’s a culmination of
the independent investigation that we conducted, as well as the
information that we received from the police department.
REPORTER: And did the officers—were they cooperative with your investigation?
MARILYN MOSBY: Yes.
REPORTER: All six?
MARILYN MOSBY: No. They gave a statement. And I can’t get too far into the facts of this case. I can’t—I can’t answer that.
REPORTER: Mrs. Mosby, have all—have they been—how many officers have been arrested? And are they in custody right now?
MARILYN MOSBY: A warrant has been issued for their arrest.
REPORTER: Have any of them been taken into custody?
MARILYN MOSBY:
I can’t tell you that at this point. I know that a warrant has been
issued. We filed the statement of charges this morning at about 9:30,
10:00 this morning.
REPORTER:
Can you talk about the significance of this happening in an expeditious
way, thorough, but expeditious, given what we’ve witnessed this week?
In the course of one week, we’ve gone from riots to, in your eyes, the
accomplishment of some justice.
MARILYN MOSBY:
Well, what I can say is that from the beginning, we knew that this was a
serious case. We’ve been working independently. And I can tell you that
we put all of our resources to make sure that we were pursuing and
leading where the facts took us in this case, which was to pursue
justice.
REPORTER: Ms. Mosby, the FOP
has asked for you to appoint a special prosecutor because of your post
prior to the city police department. Do you care to respond to that?
MARILYN MOSBY:
I can tell you that the people of Baltimore City elected me, and
there’s no accountability with a special prosecutor. I can tell you that
from day one, we independently investigated. We’re not just relying
solely upon what we were given from the police department, period.
REPORTER: Excuse me. Excuse me. Do you think that race was a factor in his arrest?
MARILYN MOSBY: I can’t tell you that. I can’t give you my opinion.
REPORTER:
Your husband, Councilman Mosby, has spoken a lot about the riots, and
he’s said that some of the protesters have a point, that they’re onto
something. Are you worried about the appearance of any conflict of
interest?
MARILYN MOSBY:
I don’t see an appearance of conflict of interest. My husband is a
public servant. He works on the legislative side. I am a prosecutor. I
am also a public servant. I uphold the law. He makes the laws. And I
will prosecute any case within my jurisdiction.
REPORTER: Are you [inaudible] of one another?
MARILYN MOSBY: I can’t answer that question.
REPORTER: Can you tell us about the independent investigators that assisted you in this case and why you brought them in?
MARILYN MOSBY:
I thought it was very important to have an independent analysis as to
what took place and transpired from the very beginning. We are
independent agencies from the police department.
REPORTER: Ms. Mosby, what do you think needs to be done to make sure what happened to Freddie Gray doesn’t happen again?
MARILYN MOSBY: Accountability.
REPORTER: How are we going to get that?
MARILYN MOSBY: You’re getting it today.
REPORTER: How do you make sure that this is systematic? The system has failed for so long.
REPORTER: Can you talk about the resources your office had independently of the police department to pursue this case?
MARILYN MOSBY:
I can tell you, as I stated, we had a number of investigators. You can
see it’s been an all-hands-on approach from the very beginning. So I
sent my investigators out to the scene. We have a number of them who are
right here. We have our work in collaboration and working with the
Baltimore Sheriff’s Department, who has police powers, and again,
independent from the Baltimore City Police Department. So, yes, we have
leveraged the police investigation, but at no point did we compromise
our own independent investigation into this case.
REPORTER:
Do you think that it’s important to change the bill of rights that
police have right now, where they have the 10 days to not talk to
anybody until something the community has wrote up?
MARILYN MOSBY: I can’t give you my opinion on that.
REPORTER: Commissioner Batts isn’t standing with you. What’s his reaction to this?
MARILYN MOSBY: You would have to ask Commissioner Batts.
REPORTER: Have you spoken [inaudible]?
MARILYN MOSBY: I have spoken with Commissioner Batts. I’ve spoken with the mayor. I’ve spoken with the governor, yes.
REPORTER: Did you invite them to stand with you today?
MARILYN MOSBY: I spoke with the governor. I’ve spoke with the commissioner. You’d have to ask him.
REPORTER: Can you tell us any more about the officers’ background? Have you had any previous complaints of abuse or anything like that?
MARILYN MOSBY:
I can’t do that. All that again, we have to be mindful that this is
still an ongoing investigation, and I can’t—I have to be mindful of what
can come out at this point. Thank you.
