All Six Baltimore Police Officers in Freddie Gray Case Indicted by Grand Jury

By Oliver Laughland and Jon Swaine, Guardian UK

22 May 15

Baltimore state’s attorney Marilyn Mosby announces indictments on multiple charges, including one of second-degree murder, in the death of Freddie Gray

grand jury in Baltimore has indicted all six police officers charged over the death of Freddie Gray, paving the way for a criminal trial in the Maryland courts.

Baltimore state’s attorney Marilyn Mosby announced on Thursday that some of the charges against the officers, whom she had already charged earlier in the month, had been amended.

“Additional information has been discovered and, as is often the case during an ongoing investigation, charges can and should be revised based on the evidence,” Mosby said.

The most serious charges – of second-degree murder against officer Caesar Goodson, and involuntary manslaughter against four of the officers – were affirmed by the grand jury and remained unchanged.

All six officers also face new charges of reckless endangerment, defined in Maryland law as “engaging in conduct that creates a substantial risk of death or serious physical injury to another”. The charge is punishable by an additional five years in prison.

However, the charges previously levelled by Mosby against the three officers involved in the initial arrest of Gray on 12 April were reduced, resulting in slightly shorter potential prison sentences.

Photo provided by the Baltimore police department shows, top row from left, Caesar R Goodson Jr,
Garrett E Miller and Edward M Nero, and bottom row from left, William G Porter, Brian W Rice and
Alicia D White. (photo: Uncredited/AP)

Charges of false imprisonment against those three officers – Lieutenant Brian Rice, officer Edward Nero and officer Garrett Miller – will no longer be pursued, said Mosby. All three still face charges for performing an illegal arrest. The three also now face one rather than two counts of second-degree assault.

Mosby added that all six officers, who were freed on bail after posting bonds of several hundred thousand dollars each, would be arraigned in court on 2 July.

“Now that the grand jury has also found probable cause to charge the aforementioned officers based upon the evidence these officers who are presumed innocent until proven guilty, are now scheduled to be arraigned on July 2,” Mosby said.

Gray, 25, was arrested after making eye contact with Rice, who chased Gray and apprehended him with other officers and then placed him inside a police van.

Gray suffered a severe spinal injury at some point during an extended journey in the back of the van. He died a week later, sparking a wave of protest and civil unrest in Baltimore.

Unlike the deaths of Michael Brown in Ferguson and Eric Garner in Staten Island – where the officers responsible were not charged by a grand jury – Thursday’s announcement in Baltimore was largely expected following Mosby’s announcement of charges on 1 May. No defence case was presented to the grand jury, which consisted of up to 23 people.

The grand jury decision is likely to strengthen Mosby’s positioning, following calls for her to step aside from the case over allegations of a conflict of interest.

Goodson, the driver of the van, now faces charges carrying a total of 68 years in prison rather than 63 under Mosby’s original charges. Porter and White both face a total of 25 years rather than 20. Rice, Nero and Miller saw their potential prison terms reduced by five years each. Rice now faces up to 25 years, while Nero and Miller face 15 each.

The state’s attorney’s office ran an independent investigation into Gray’s death at the same time as Baltimore police conducted their own inquiry. Mosby announced the charges one day after police handed their findings to her office.

Mosby has faced a barrage of litigation from lawyers working for the six officers, arguing she suffers conflicted interests in the case and that the argument Gray was illegally arrested is false. Lawyers acting for the officers have also threatened to sue Mosby if the charges are not dropped.

Mosby has repeatedly declined to step aside from the case, arguing she has no conflict of interest. She has also refused to present any evidence before a trial starts.

Revised charges against Baltimore police officers

[bold = revised charge;

strikethrough = eliminated charge]

Officer Caesar Goodson

• Second-degree depraved heart murder


• Involuntary manslaughter


• Second-degree negligent assault


• Manslaughter by vehicle – gross negligence


• Manslaughter by vehicle – criminal negligence


• Misconduct in office for failure to perform a duty regarding the safety of a prisoner


• Reckless endangerment

Officer William Porter

• Involuntary manslaughter


• Second-degree negligent assault


• Misconduct in office for failure to perform a duty regarding the safety of a prisoner


• Reckless endangerment

Lt Brian Rice

• Involuntary manslaughter


• Second-degree negligent assault


• Misconduct in office for failure to perform a duty regarding the safety of a prisoner


• Misconduct in office for an illegal arrest


• Reckless endangerment


• False imprisonment


• Second degree assault (second charge)

Officer Edward Nero

• Second-degree intentional assault


• Misconduct in office for an illegal arrest


• Misconduct in office for failure to perform a duty regarding the safety of a prisoner


• Reckless endangerment


• False imprisonment


• Second degree assault (second charge)

Officer Garrett Miller

• Second-degree intentional assault


• Misconduct in office for an illegal arrest


• Misconduct in office for failure to perform a duty regarding the safety of a prisoner


• Reckless endangerment


• False imprisonment


• Second degree assault (second charge)

Sgt Alicia White

• Involuntary manslaughter


• Second-degree negligent assault


• Misconduct in office for failure to perform a duty regarding the safety of a prisoner


• Reckless endangerment