Five Baltimore officers from Freddie Gray case face internal discipline; three could be fired…

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Porter, who like the other officers has been suspended and working administrative duties with pay since being cleared of criminal charges, can now return to full duty.

The other officers remain suspended with pay and working in administrative roles.

Goodson, the driver of the van transporting Gray, faced the most serious criminal charges of any of the six officers — second-degree depraved-heart murder.

Circuit Judge Barry Williams, in acquitting Goodson of all charges in June 2016, said he was "satisfied" that department rules required Goodson to assess whether or not to seat belt Gray. But he said prosecutors failed to show Goodson "corruptly" failed to follow those rules, the standard needed for a criminal conviction. A different standard will apply to the internal charges.

Rice, the highest-ranking officer of the six charged, was accused in his criminal case of causing Gray's death by failing to secure him in a seat belt in the back of the van. Williams ruled that prosecutors failed to show that Rice had read the new rules on using seat belts or that they negated his ability to use discretion.

"This court's findings and determinations cannot rest upon presumptions or assumptions," Williams ruled.

Prosecutors said that White had received complaints about Gray's arrest, and was responsible for investigating them but only spoke to the back of Gray's head.

"She made no effort to look up or assess or determine his condition," Mosby said in announcing the criminal charges against her.

White, in an interview with The Sun last year after her criminal charges were dropped, maintained that she did nothing wrong. "I did everything that I was trained to do," she said.

Her attorney, Ivan Bates, said last year that her interaction with Gray lasted all of 15 to 20 seconds.

Nero and Miller pursued Gray through the Gilmor Homes after he fled unprovoked, and arrested him for having a knife. Along with Rice, they loaded him into the van shackled and handcuffed, but without a seat belt.

Ray Kelly of the West Baltimore advocacy group No Boundaries Coalition, said the news of internal charges shows the police department is taking the concerns of the community more seriously.

"We can't deny that we now have a visible push for accountability from the police department," Kelly said. "This is definitely change. It's a small step, but it's change."

He said disciplinary actions against the officers would "bring a perception of justice" to people in West Baltimore. He added that changing state law to allow civilians to sit on police trial boards would add more confidence to the system.

"The people aren't able to cast a vote about how they should be disciplined," Kelly said.
 
http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-union-response-gray-20170523-story.html

Police union denounces new internal charges against 5 officers in Freddie Gray case

Baltimore's police union denounced administrative charges being brought against five of the six officers involved in the 2015 arrest and death of Freddie Gray, saying the cases will "do nothing more than perpetuate a police force hesitant to exercise judgment when interacting with the public."

Lt. Gene Ryan, the union's president, spoke out for the first time since the officers were informed of the charges, releasing a statement Tuesday afternoon that maintained the officers did nothing wrong.

The Baltimore Sun reported Monday that five officers had been informed Friday they were facing internal discipline as a result of a review conducted by investigators from Montgomery and Howard counties. Three of the officers — Lt. Brian Rice, Sgt. Alicia White and Officer Caesar Goodson — face possible firing.

Two other officers, Garrett Miller and Edward Nero, face five days' suspension and loss of pay, the sources said.

Officer William Porter, who was also involved in the Gray case, is not facing any internal discipline.

"The allegations against the six police officers have been thoroughly litigated time and time again," Ryan said in a statement. "All of the evidence has been presented to multiple fact-finders who have decided that these officers did nothing wrong."

A jury deadlocked on criminal charges against Porter, while Circuit Judge Barry Williams acquitted Rice, Goodson and Nero in bench trials. Prosecutors then decided to drop the remaining cases.

The internal disciplinary review looks at the case from a different standard — whether the officers broke Police Department rules — and the county investigators sustained charges.

The officers can accept the recommended punishment or contest the charges in front of a panel of police officers.

"The administrative charges are nothing more than that — they are charges," Ryan's statement continued. "We have no reason to believe that the results of a fair trial board will be any different than the result of all 27 of the criminal counts which uniformly rejected any wrongdoing on the part of the officers."

Ryan's statement continued by saying that Baltimoreans "should be outraged at their leaders."

"Crime is at an all-time high, while arrests and convictions are at an all-time low," Ryan said. "The only losers in the decision to continue persecuting these five officers are the citizens of Baltimore City."

By policy, the officers have 10 days after receiving evidence in their cases to choose to contest the charges at a trial board. On Monday, union attorney Michael Davey said he had not received discovery in the case.

If the trial board rejects the administrative findings, the officers would be cleared. If the panel upholds the charges, it can recommend punishment. Police Commissioner Kevin Davis can impose that recommendation, lessen it or increase it.
 

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