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The Poo Is Gonna Get Uglier

Posted by on May. 7, 2015 at 5:55 PM
  • 14 Replies

Baltimore probe into black man's death fails to support charges
US | Thu May 7, 2015 1:21pm EDT

(Reuters) - The Baltimore police investigation into the death of a black man from injuries sustained in police custody fails to support some charges filed by the city prosecutor, CNN reported on Thursday.

Citing officials briefed on the separate probes by prosecutor Marilyn Mosby and police into the death of Freddie Gray, the television news network said the lack of support for charges from the police findings could allow lawyers representing the officers to undercut the prosecution.

Gray, 25, sustained spinal injuries after being arrested, and his death on April 19 sparked protests and a day of arson and looting in the largely African American city.

Mosby charged six officers on Friday with counts ranging from false imprisonment to manslaughter and second-degree murder. She made her announcement hours after the state medical examiner ruled the death a homicide and a day after police turned over their findings about Gray's arrest.

Officials familiar with the probes say the homicide investigation run by police at most contemplated a manslaughter charge, not second-degree murder as Mosby charged one of the officers, Caesar Goodson.

To win conviction for murder, prosecutors must prove intent to kill. Manslaughter relates to unintentional killings.

Homicide investigators briefed by the medical examiner's office believed the autopsy report would likely find the cause of death to fall short of homicide, one official familiar with the case told CNN.

Mosby said that the medical examiner concluded that Gray's fatal injury occurred in a police transport van taking him to a station house.

Lawyers for two officers have challenged a key part of Mosby's case, that a knife found on Gray was legal in Maryland and thus officers did not have a right to arrest him. The police investigation found that the knife was illegal under the city code.

A police spokesman did not respond to a request for comment. Mosby said in a statement that she refused to litigate the Gray case in the media.

"These unethical disclosures are only damaging our ability to conduct a fair and impartial process for all parties involved," she said.

Police Commissioner Anthony Batts told CNN on Tuesday that Mosby called him about 10 minutes before she disclosed the charges.

Baltimore Mayor Stephanie Rawlings-Blake asked the U.S. Justice Department on Wednesday to investigate the police department for civil rights violations.

(Reporting by Ian Simpson in Washington)


“I don't think..." then you shouldn't talk, said the Hatter.”― Alice in Wonderland

by on May. 7, 2015 at 5:55 PM
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Replies (1-10):
Della529
by on May. 7, 2015 at 6:00 PM

How many charges did she file against the officer charged with 2nd Degree Murder?

AdrianneHill
by Ruby Member on May. 7, 2015 at 6:03 PM
1 mom liked this
he must have been along got it. Dressed like that in that part of town. It only makes sense that he was killed for minor offenses.
I don't really have much of an opinion on this case either way beyond being tired of people being killed in police custody abd then people back tracking the victim's lives in an attempt to find something deemed worthy of the vigilante death penalty they received.
Sisteract
by Whoopie on May. 7, 2015 at 6:13 PM
1 mom liked this

Why was protocol not followed in transporting Mr Gray? How in the heck did SIX officers overlook and disregard protocol??? Did this diversion from protocol contribute to his spinal cord and larynx injuries?

Billiejeens
by The Librarian on May. 7, 2015 at 9:41 PM
Mosby is mess

the entire case is idiotic.

she didn't use any of the tools available to her to make certain that she had a good case.

didn't use a grand jury
didn't use the best and more senior investigator - but used an investigator that was kicked off of the force.
overcharged like crazy.
the list of mistakes and bad judgment just goes on.

all those points she got for being a black female don't count for much when the shit hits the fan
Pandora_13
by Bronze Member on May. 7, 2015 at 9:47 PM
2. Involuntary Manslaughter and 2nd degree depraved heart murder

Quoting Della529:

How many charges did she file against the officer charged with 2nd Degree Murder?

Della529
by on May. 7, 2015 at 9:53 PM

So ultimately a jury could return with a verdict of not guilty of 2nd degree depraved, and convict on involuntary manslaughter, correct?

Quoting Pandora_13: 2. Involuntary Manslaughter and 2nd degree depraved heart murder
Quoting Della529:

How many charges did she file against the officer charged with 2nd Degree Murder?


Pandora_13
by Bronze Member on May. 7, 2015 at 9:54 PM
Yes

Quoting Della529:

So ultimately a jury could return with a verdict of not guilty of 2nd degree depraved, and convict on involuntary manslaughter, correct?

Quoting Pandora_13: 2. Involuntary Manslaughter and 2nd degree depraved heart murder

Quoting Della529:

How many charges did she file against the officer charged with 2nd Degree Murder?

Della529
by on May. 7, 2015 at 10:01 PM

So, in a sense, she didn't really overcharge?

Quoting Pandora_13: Yes
Quoting Della529:

So ultimately a jury could return with a verdict of not guilty of 2nd degree depraved, and convict on involuntary manslaughter, correct?

Quoting Pandora_13: 2. Involuntary Manslaughter and 2nd degree depraved heart murder
Quoting Della529:

How many charges did she file against the officer charged with 2nd Degree Murder?


anxiousschk
by anxiouss on May. 7, 2015 at 10:10 PM
1 mom liked this

There was little doubt things would get uglier.  

I think hinging such an arrest on the knife is sketchy.  I've seen some reports that said it was legal and others that said it was illegal, but based on some archaic law that defines any knife that has any spring to it as a switchblade.  (Like some swiss army knives that you have to start to open manually but there is a spring to help it open.) 

I don't know.  I haven't seen the knife, nor am I a knife expert.  

I still think that the police made some serious errors.  Serious.  I'm not sure those errors rise to the level of the charges yet.  (I could see manslaughter much easier than Murder 2.) 

I'm super, super happy that I'm not going to wind up on that jury. 

Pandora_13
by Bronze Member on May. 7, 2015 at 10:51 PM
You and me both.

I read somewhere, today, that per city code the knife was illegal. In cases like this, does state code overrule city code? I should look it up.

I don't agree with murder charge. However, depraved heart murder is different than murder. Based on the definition - he is guilty of depraved heart murder. He was the driver and failed to get medical assistance for Gray. So I can see where these charges may stick.

For reference -
Depraved Heart Murder Definition:
Where an individual under circumstances evincing a depraved indifference to human life, recklessly engaged in conduct which created a grave risk of death to another person, and thereby caused the death of another person.

Quoting anxiousschk:

There was little doubt things would get uglier.  

I think hinging such an arrest on the knife is sketchy.  I've seen some reports that said it was legal and others that said it was illegal, but based on some archaic law that defines any knife that has any spring to it as a switchblade.  (Like some swiss army knives that you have to start to open manually but there is a spring to help it open.) 

I don't know.  I haven't seen the knife, nor am I a knife expert.  

I still think that the police made some serious errors.  Serious.  I'm not sure those errors rise to the level of the charges yet.  (I could see manslaughter much easier than Murder 2.) 

I'm super, super happy that I'm not going to wind up on that jury. 

“I don't think..." then you shouldn't talk, said the Hatter.”― Alice in Wonderland

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