Freddie Gray case: Actions that led to charges
By Ray Sanchez, CNN
Updated 9:18 PM ET, Fri May 1, 2015

(CNN)In publicly outlining her case against six police officers in the death of Freddie Gray, Baltimore's chief prosecutor faulted what they did -- and did not do.

Among the allegations: Failure to find probable cause, illegal arrest, failure to seek or render medical aid, gross negligence and misconduct.

"The findings of our comprehensive, thorough and independent investigation coupled with the medical examiner's determination that Mr. Gray's death was a homicide ... has led us to believe that we have probable cause to file criminal charges," State's Attorney Marilyn Mosby told reporters from the broad steps of the downtown War Memorial.

Gray suffered a fatal spinal injury on April 12 while being transported "handcuffed, shackled by his feet and unrestrained" in a police van, Mosby said.

Michael Davey, an attorney for the Baltimore Fraternal Order of Police who spoke on behalf of the six officers and their attorneys, told reporters that none of the officers injured or harmed Gray. "They are truly saddened by his death," Davey said. "These officers did nothing wrong."

These are the actions that Mosby said resulted in the charges against the six, based on the statement of probable cause:

Officer Garrett E. Miller

Miller, 26, who joined the force in 2012, was one of three officers on bike patrol on the morning of April 12 in Baltimore. One of the other officers made eye contact with Gray, who began running.

Gray eventually surrendered and was handcuffed. He was "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," Mosby said.

Miller and another officer placed Gray in a seated position. They found a knife in his pants pocket. The blade of the knife was folded into the handle. It was not a switchblade, and legal to carry under Maryland law.

"Mr. Gray was 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," the prosecutor said.

The three officers failed to establish probable cause for Gray's arrest. No crime had been committed. The arrest was illegal, Mosby said.

When the police van arrived, Miller and the two other officers loaded Gray into the wagon. At no point was Gray secured by a seat belt as is required. A while later, at Baker Street, Miller and the officers removed Gray from the wagon, placed handcuffs on his wrists and leg shackles on his ankles. They completed paperwork before loading Gray back into the wagon. He was placed on his stomach headfirst on the floor.

Miller is charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.

Lt. Brian W. Rice

Rice, 41, an officer since 1997, was one of the officers on bike patrol during the initial encounter with Gray. He made eye contact with Gray, who then ran. Rice and others failed to establish probable cause for Gray's illegal arrest. Later, Rice and two other officers handcuffed Gray and put shackles on his ankles. The officers placed Gray back on the floor of the wagon, face down.

Rice is charged with involuntary manslaughter, second-degree assault, two counts of misconduct in office and false imprisonment.

Separately, records from the Carroll County, Maryland, Sheriff's Department show that Rice was taken to a hospital in 2012 because of concerns about his mental health.

The concerns were raised by another officer who is also the mother of Rice's child, according to the records. At the time, deputies confiscated Rice's guns and alerted his superiors in Baltimore.

The records show that Rice said he "could not continue to go on like this" and threatened to do something in his laundry room if the mother of his child "did not come over to his residence." His specific threat was redacted from the documents. It's unclear how long Rice was at the hospital.

Rice could not be reached for comment.

Officer Edward M. Nero

Nero, 29, on the job since 2012, was the third officer on bike patrol when Gray was arrested. Mosby said Nero held Gray down until the wagon arrived. Along with Rice and Miller, Nero failed to establish probable cause for what Mosby called an illegal arrest. Nero also assisted Rice and Miller later in cuffing and shackling Gray.

He is charged with two counts of second-degree assault, two counts of misconduct in office and false imprisonment.

Officer Caesar R. Goodson Jr.

Goodson, 45, who joined the police department in 1999, drove the transport wagon. He had been directed to deliver Gray to the central booking facility.

At one point, Goodson parked the van to check on his prisoner.

"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," Mosby said.

Goodson returned to the driver's seat and headed toward central booking with Gray still unsecured. After several blocks, the officer called dispatch to say he needed to check on his prisoner. He requested additional units.

Another officer arrived and, with Goodson, went to the back of the wagon. Gray requested help and said he could not breathe. One officer asked Gray if he needed a medic. Twice, Gray said he needed medical assistance. The officer helped lift Gray from the floor to a bench in the van.

Again, the officers failed to restrain Gray or request medical assistance. Goodson then responded to a separate call for assistance in an arrest.

"Despite Mr. Gray's obvious and recognized need for medical assistance, Officer Goodson in a grossly negligent manner chose to respond ... with Gray still unsecured by a seat belt in the wagon, without rendering or summoning medical assistance," Mosby said.

At the next stop, Goodson was met by Miller and three other officers. He walked to the back of the wagon to check on Gray. Goodson and the other officers saw that Gray was unresponsive.

Still, Goodson picked up a new prisoner and drove to a police station to drop him off. He failed to restrain Gray for at least the fifth time, Mosby said. Gray was no longer breathing.

Goodson is charged with second-degree depraved-heart murder, involuntary manslaughter, second-degree assault, two counts of manslaughter by vehicle and misconduct in office.

CNN legal analyst Sonny Hostin said the depraved-heart murder charge appeared to indicate the prosecutor believes Goodson was "one of the worst actors" in Gray's death.

"Depraved heart means he intentionally, willfully and deliberately acted with depraved indifference to human life," she said.

Sgt. Alicia D. White

White, 30, an officer since 2010, was present during one of the stops to check on Gray's condition. White and two other officers saw that Gray was unresponsive on the floor of the wagon.

White, who was responsible for investigating two citizen complaints related to Gray's arrest, spoke to the back of the prisoner's head.

When Gray did not respond, White allegedly did nothing. She had been advised that Gray needed a medic but made no effort to assess his condition.

"Despite Mr. Gray's seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer," Mosby said.

Later, White and two other officers attempted to remove Gray from the wagon. He was no longer breathing. A medic later determined Gray was in "cardiac arrest and ... critically and severely injured."

Gray was rushed to the University of Maryland's Shock Trauma Center, where he underwent surgery. On April 19, he was pronounced dead from his injuries.

"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 seat belt in the custody of the Baltimore Police Department wagon," Mosby said.

White is charged with involuntary manslaughter, second-degree assault and misconduct in office.

Officer William G. Porter

Porter, 25, who joined the force in 2012, responded when Goodson asked for additional units to check on Gray. The prisoner told Porter he could not breathe. Porter asked Gray if he needed a medic. Gray said "yes" twice. The officer helped lift Gray to a bench but did not assess his condition or call for medical assistance. Porter also was present later when Goodson picked up another prisoner, and White and others discovered that Gray was unresponsive.

Porter is charged with involuntary manslaughter, second-degree assault and misconduct in office.

CNN's Scott Zamost contributed to this report.

 Verviedi wrote:

 Medium of Death wrote:
One thing that perplexes me is why the curfew isn't being imposed this evening but tomorrow?

These rioters need shooting.

Rubber bullets are extremely inefficient against such a mob. A water cannon has more shock value and is more effective at clearing large amounts of hostiles at short range.

Relapse wrote:
Not trying to be snarky, but in Ferguson the blame for. The troubles in that city were initially put on there being an almost all white police force and city council.
What has been the official position about the Baltimore case among the protestors?

Relapse wrote:
This gets better and better with the mayor. Now she is apologizing for what she called the rioters:

http://www.huffingtonpost.com/2015/04/29/baltimore-protesters-thugs_n_7172562.html

Relapse wrote:
I think, though that anyone who engages in such mayhem deserves the term, no matter their color. It's just an example of another word being put down the memory hole and a version of an attempt at thought control.

As far as the second point goes, Baltimore's city council and police force is largely made up of Black people leaving me to wonder about the disconnect is in the treatment of Blacks.

 ScootyPuffJunior wrote:
White officers make up 50% of the department (while 28% of Baltimore residents are white) and black officers make up 47% of the department (while 64% of Baltimore residents are black). That is the disparity that people have been talking about; police department don't represent the people they are supposed to serve, leading to a disconnect among the residents (aided by abuses of power like illegal traffic stops, illegal arrests, and the incidents that we keep talking about in this forum).

Also, most people with functioning neurons understand that the race/sex of the office doesn't always correspond to whether or not they will abuse their power; there are truly great cops or every race and there are horrible cops that abuse their power of every race. Corruption is color blind.

 Dreadclaw69 wrote:

 ScootyPuffJunior wrote:
White officers make up 50% of the department (while 28% of Baltimore residents are white) and black officers make up 47% of the department (while 64% of Baltimore residents are black). That is the disparity that people have been talking about; police department don't represent the people they are supposed to serve, leading to a disconnect among the residents (aided by abuses of power like illegal traffic stops, illegal arrests, and the incidents that we keep talking about in this forum).

Also, most people with functioning neurons understand that the race/sex of the office doesn't always correspond to whether or not they will abuse their power; there are truly great cops or every race and there are horrible cops that abuse their power of every race. Corruption is color blind.

Then should police departments mirror the demographic make up of the community that they police?

The danger with these kinds of tweets being taken seriously is that they serve as a perfect excuse for people essentially insulated from the effects of over-policing and police murder, either by virtue of their geographic location or ethnic heritage, to demonize protesters and rioters in Baltimore, as they did in Ferguson last year.

 ScootyPuffJunior wrote:

 Dreadclaw69 wrote:

 ScootyPuffJunior wrote:
White officers make up 50% of the department (while 28% of Baltimore residents are white) and black officers make up 47% of the department (while 64% of Baltimore residents are black). That is the disparity that people have been talking about; police department don't represent the people they are supposed to serve, leading to a disconnect among the residents (aided by abuses of power like illegal traffic stops, illegal arrests, and the incidents that we keep talking about in this forum).

Also, most people with functioning neurons understand that the race/sex of the office doesn't always correspond to whether or not they will abuse their power; there are truly great cops or every race and there are horrible cops that abuse their power of every race. Corruption is color blind.

Then should police departments mirror the demographic make up of the community that they police?

People seem to think so, given that there have been serious pushes in just about every major metropolitan area to do exactly that.

All humans are tribal, there is no way around it. It's in our very nature, which is why we fear "outsiders" and why "othering" a political opponent is so effective. When you live in a community of people that look like you, act like you, and have similar backgrounds just like you, it's easy to see why someone coming into that community that has nothing in common with you and treating you like gak can foster distrust.

 ScootyPuffJunior wrote:
People seem to think so, given that there have been serious pushes in just about every major metropolitan area to do exactly that.

 ScootyPuffJunior wrote:
All humans are tribal, there is no way around it. It's in our very nature, which is why we fear "outsiders" and why "othering" a political opponent is so effective. When you live in a community of people that look like you, act like you, and have similar backgrounds just like you, it's easy to see why someone coming into that community that has nothing in common with you and treating you like gak can foster distrust.

 Ouze wrote:
I think it's a little difficult to say with a straight face that the word thug hasn't become, in some contexts, the socially acceptable version of the N word.

I think if you look at how seldom that word is used to describe, say, white kids rioting because their hockey team lost.. it's pretty self evident.

 Ouze wrote:
I think it's a little difficult to say with a straight face that the word thug hasn't become, in some contexts, the socially acceptable version of the N word.

I think if you look at how seldom that word is used to describe, say, white kids rioting because their hockey team lost.. it's pretty self evident.

 ScootyPuffJunior wrote:


White officers make up 50% of the department (while 28% of Baltimore residents are white) and black officers make up 47% of the department (while 64% of Baltimore residents are black). That is the disparity that people have been talking about; police department don't represent the people they are supposed to serve, leading to a disconnect among the residents (aided by abuses of power like illegal traffic stops, illegal arrests, and the incidents that we keep talking about in this forum).

 Dreadclaw69 wrote:

 Ouze wrote:
I think it's a little difficult to say with a straight face that the word thug hasn't become, in some contexts, the socially acceptable version of the N word.

I think if you look at how seldom that word is used to describe, say, white kids rioting because their hockey team lost.. it's pretty self evident.

"Based on the best information we had the following morning, we stated that the instigators among the mob were 'criminals, anarchists and thugs who came to town bent on destruction and mayhem'

 Ouze wrote:

 Dreadclaw69 wrote:

 Ouze wrote:
I think it's a little difficult to say with a straight face that the word thug hasn't become, in some contexts, the socially acceptable version of the N word.

I think if you look at how seldom that word is used to describe, say, white kids rioting because their hockey team lost.. it's pretty self evident.

"Based on the best information we had the following morning, we stated that the instigators among the mob were 'criminals, anarchists and thugs who came to town bent on destruction and mayhem'

Yes, that is why I didn't say "no white people have ever been called a thug, ever", FFS - 2/10

 Ouze wrote:
I'm past trying to explain the concept of context to the intentionally obtuse. My fault - it was stupid of me to have forgotten where I was for a second.

Ouze wrote:

 Dreadclaw69 wrote:

 Ouze wrote:
I think it's a little difficult to say with a straight face that the word thug hasn't become, in some contexts, the socially acceptable version of the N word.

I think if you look at how seldom that word is used to describe, say, white kids rioting because their hockey team lost.. it's pretty self evident.

"Based on the best information we had the following morning, we stated that the instigators among the mob were 'criminals, anarchists and thugs who came to town bent on destruction and mayhem'

Yes, that is why I didn't say "no white people have ever been called a thug, ever", FFS - 2/10

 cincydooley wrote:

 ScootyPuffJunior wrote:


White officers make up 50% of the department (while 28% of Baltimore residents are white) and black officers make up 47% of the department (while 64% of Baltimore residents are black). That is the disparity that people have been talking about; police department don't represent the people they are supposed to serve, leading to a disconnect among the residents (aided by abuses of power like illegal traffic stops, illegal arrests, and the incidents that we keep talking about in this forum).

But what is their applicant pool like? I feel like 47% is pretty damn good....

With Baltimore it's been even more discussed the fact that very few of their officers actually live within the city:

http://fivethirtyeight.com/datalab/most-baltimore-police-officers-live-outside-the-city/

 d-usa wrote:

 cincydooley wrote:

 ScootyPuffJunior wrote:


White officers make up 50% of the department (while 28% of Baltimore residents are white) and black officers make up 47% of the department (while 64% of Baltimore residents are black). That is the disparity that people have been talking about; police department don't represent the people they are supposed to serve, leading to a disconnect among the residents (aided by abuses of power like illegal traffic stops, illegal arrests, and the incidents that we keep talking about in this forum).

But what is their applicant pool like? I feel like 47% is pretty damn good....

With Baltimore it's been even more discussed the fact that very few of their officers actually live within the city:

http://fivethirtyeight.com/datalab/most-baltimore-police-officers-live-outside-the-city/

47% is a decent number, but you hit the nail on the head with the applicant pool question.

I do think that it is important that a police force mirrors the community it serves. A police department is part of the community and it is not an occupying force. I think that even extends to the issue of officers not living in the city they serve. he community should see themselves when they look at their police, and the officers should see themselves when they look at their community. But the big question is "how do you achieve that". A department shouldn't throw out the top 25 applicants just to hire less qualified people that "look" like the community, which brings us to your question: what is the applicant pool like, and how do you encourage qualified members of the community to apply?

 Dreadclaw69 wrote:

 ScootyPuffJunior wrote:
People seem to think so, given that there have been serious pushes in just about every major metropolitan area to do exactly that.

Based on what evidence?

 ScootyPuffJunior wrote:
All humans are tribal, there is no way around it. It's in our very nature, which is why we fear "outsiders" and why "othering" a political opponent is so effective. When you live in a community of people that look like you, act like you, and have similar backgrounds just like you, it's easy to see why someone coming into that community that has nothing in common with you and treating you like gak can foster distrust.

So should communities only be policed by officers "just like" them?

 ScootyPuffJunior wrote:
Here's an idea: fething Google it. I know the internet is hard, but give it a try.