"By the time [officers] attempted to remove Mr. Gray from the wagon, Mr. Gray was no longer breathing at all." A medic, who "was finally called to the scene," determined that Gray "was now in cardiac arrest and was critically and severely injured," Mosby stated.
Gray was finally "rushed" to the hospital where he underwent surgery and died seven days later.
The Maryland Medical Examiner concluded Gray's death was a homicide, "believed to be the result of a fatal injury that occurred when Mr. Gray was unrestrained by a seatbelt in the custody of the Baltimore Police Department wagon."
Mosby described multiple stops during which Gray was never secured by a seatbelt or provided with medical care. Almost one hour passed before he received any medical attention.
The state's attorney charged six Baltimore police officers as follows:
Goodson: 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 by failure to secure prisoner, failure to render aid.Porter: involuntary manslaughter, second-degree assault, misconduct in office.
Rice: involuntary manslaughter, second-degree assault, misconduct in office, false imprisonment.
Nero: second-degree intentional assault, second-degree negligent assault, misconduct in office, false imprisonment.
Miller: second-degree intentional assault, second-degree negligent assault, misconduct in office, false imprisonment.
White: involuntary manslaughter, second-degree assault, misconduct in office.
In order to secure a conviction of second-degree depraved heart murder, which carries a maximum sentence of 30 years in prison, the prosecutor must prove that Goodson killed Gray by acting with a conscious and extreme disregard of a very high risk to Gray's life. Taking Gray on a "rough ride" while his arms and legs were immobilized caused his death.
Two other men from Baltimore, Jeffrey Alston and Dondi Johnson, became paralyzed after riding in police vans in two separate cases. Alston settled his lawsuit for $6 million in 2004. Goodson should thus have been on notice of the very high risk to Gray's life from his "rough ride."
Professor Alan Dershowitz doubts that prosecutors could secure a conviction of Goodson for second-degree depraved heart murder because "Nobody wanted this guy to die, nobody set out to kill him, and nobody intentionally murdered him." If Dershowitz were to read the Maryland statute, he would learn that second-degree depraved heart murder does not require the intent to kill.
To be convicted of involuntary manslaughter, which carries a maximum of 10 years, Goodson, Porter, Rice and White must have unintentionally caused the death of Gray while doing a negligent act or negligently failing to perform a legal duty. Failing to secure Gray with a seatbelt and get medical assistance for him constituted negligent acts, which caused Gray's death. The officers had a legal duty to protect a prisoner in their custody.
Second-degree assault, which also carries a maximum sentence of 10 years, requires that the officers caused physical harm to Gray as the result of an intentional or reckless act. Failing to secure Gray with a seatbelt and get him medical assistance constituted acts intended to hurt him, causing physical harm (death) to Gray.
Preliminary hearings are scheduled for May 27, but prosecutors have 30 days from the date of the filing of charges to seek a grand jury indictment. There is ample evidence to support the charges against these officers. But whether they are indicted by a grand jury, and if so, ultimately convicted, remains to be seen.
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