Lt. Brian Rice acquitted in Freddie Gray case | Maryland News ...

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A judge has acquitted Lt. Brian Rice, the highest-ranking Baltimore City police officer charged in connection with the death of Freddie Gray last year.

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Rice is the fourth of six officers to go on trial in the Gray case. He faced involuntary manslaughter, reckless endangerment and misconduct in office charges in connection with Gray"s death.

Prosecutors dropped a second misconduct in office charge related to Gray"s arrest and Baltimore Circuit Court Judge Barry Williams dismissed an assault charge prior to the defense making its case.

Williams, announcing his verdict Monday morning, said the state failed to prove Rice"s actions did not rise to criminal action. The judge said that while Rice may have used bad judgment in not seat-belting Gray, it"s not a crime. The judge"s ruling in the Rice trial is similar to that of the trials of Officers Caesar Goodson and Edward Nero.

Read the judge"s verdict (PDF)

The judge said he could not make assumptions or presumptions when making his ruling.The judge said the state failed to prove Rice"s actions were grossly negligent.

"This court"s findings and determinations cannot rest upon presumptions or assumptions," Williams said. In this criminal proceeding, this court cannot apply strict liability standards in order to reach the state"s desired result."

Williams said the situation at the second stop of Gray"s arrest was tense for both police at residents.The judge said there was no evidence presented by the state that Rice was aware of policy that requires seat-belting of arrestees.

VIDEO: Legal analyst: Not guilty verdict wasn"t a big surprise

VERY INTERESTING INSIGHT. WE HAVE AN OPPORTUNITY STILL WE HAVE ANOTHER LEGAL EXPERT. WE"VE BEEN USING THROUGH THE YOU"VE BEEN HERE DAILY. WHAT IS YOUR REACTION OVERALL TO THE NOT GUILTY ON ALL CHARGES? >> IT WASN"T A BIG SURPRISE. I THINK WE WERE EXPECTING THAT THERE WAS NOT A GREAT DEAL OF DIFFERENT EVIDENCE FROM WHAT WE"VE SEEN IN THE PAST. AND SO THIS WAS NOT A SHOCK. THE JUDGE DID ADD A LITTLE BIT HERE. HE DID EXPLAIN -- HE DID TAKE THE POSITION, FOR EXAMPLE, THAT THE RECKLESS ENDANGERMENT CHARGE WOULDN"T APPLY BECAUSE THERE IS AN EXCEPTION IN THE LAW FOR MOVING VEHICLES TO BE HONEST I WAS SURPRISED THAT THAT APPLIED BUT HE WAS VERY CAREFUL TO GO BACK THROUGH AND SAY EVEN IF IT DIDN"T APPLY UNDER THESE FACTS HE COULDN"T FIND BEYOND A REASONABLE DOUBT FOR GUILT IN THAT CHARGE. TRR JUDGE DID GIVE THE STATE A ROADMAP. HE HAD TWO ACQUITLES HE EXPLAINED HOW HE CAME TO THIS CONCLUSION. WHAT COULD THE STATE DONE WITH THAT NONL IF THEY DIDN"T HAVE ANY ADDITIONAL EVIDENCE? >> I DON"T THINK THE STATE IS MISHANDLING IT. I THINK THEY HAVE WHAT THEY HAVE AND THEY"RE TRYING THE CASE TO THE BEST OF THEIR ABILITY. THERE WAS ONE DIFFERENCE IN THIS CASE WHICH WAS AND THE JUDGE NOTED THAT THERE HAD BEEN A DISCOVERY VIOLATION. THEY HAD FAILED TO GET MATERIAL QUICKLY ENOUGH AND TURN IT OVER TO THE DEFENSE. SO THEY WERE BARRED FOR BRINGING IN THE CURRICULUM FOR SOME OF THE TRAINING AND THAT COULD HAVE BEEN OFFERED TO SHOW THE AWARENESS OF THE DANGERS OF NOT SEAT BELTING. AT THE END OF THE DAY I DON"T BELIEVE THAT CHANGE IT HAD OUTCOME. I THINK THIS HAS ALWAYS BEEN A VERY HARD CASE TO PROVE. I THINK THE FACT THAT THEY WERE AWARE OF THE HURDLES FROM THE PRIOR CASES DIDN"T CHANGE THE FACT THAT THEY STILL HAD TO HAD. AND SO GOING FORWARD THEY WILL STILL HAVE TO STEP BACK, SHOULD GO FORWARD ON THE OTHER CASES AND DECIDE IF THEY WANT TO TRY AGAIN. >> ONE OF THE THING THAT IS STUCK OUT TO ME IS THE JUDGE EXPLAINING HIS VERDICT THAT THE COURT"S IMAGINING IS NOT A SUBSTITUTE FOR EVIDENCE. THAT IS A CLAIRE SIGNAL THE STATE FAILED TO MAKE ITS CASE. >> I THINK THAT"S A STATEMENT REASONABLE DOUBT THE VERY HAPPENED. I THINK WHAT"S INTERESTING AND I THINK IT"S REALLY GOOD FOR THE PUBLIC TO UNDERSTAND THAT HE SAID THERE ARE DIFFERENT STORIES ABOUT WHAT HAPPENED THAT DAY. SOME OF THOSE STORIES ARE QUITE NEFARIOUS AND SUGGEST A CRIME. AND OTHERS ARE QUITE INNOCENT POLICING. AND WE SIMPLY CANNOT FIND BEYOND A REASONABLE DOUBT WHICH ONE OF THOSE THINGS HAPPENED. STATE. AND IF YOU CARE ABOUT THE PRESUMPTION OF INNOCENCE AND YOU REQUIRE THE STATE TO PROVE EACH ELEMENT BEYOND A REASONABLE DOUBT, I THINK ANYONE WATCHING THE TRIAL WOULD HAVE SAT BACK AND SAID THE APPROPRIATE VERDICT HERE WAS NOT GUILTY. >> YOU HAVE SAID ALMOST FROM DAY ONE KIND OF BOILS DOWN TO WHAT WAS LIEUTENANT RICE PERCEPTION? AND THE JUDGE RULED IN FAVOR OF WHAT THIS SOUNDS LIKE AN ASSUMPTION OF WHAT LIEUTENANT RICE WAS THINKING IN HIS PERCEPTION. >> REMEMBER BECAUSE THE BURDEN IS ON THE STATE HE REALLY WAS SAYING I CANNOT CONCLUDE THAT HE WASN"T THINKING THAT THIS WASN"T EITHER SIMPLY A MISTAKE. IT"S MORE IMPORTANT TO NOTE THAT HIS VERDICT, AN ACQUITLE HERE IS NOT A STATEMENT THAT APPROPRIATELY. IT"S NOT A STATEMENT THAT THEY ACTED INAPPROPRIATELY EITHER BECAUSE THE GUILT REQUIRES MORE THAN MERE NEGLIGENCE. MORE THAN JUST A MISTAKE. HE HAS TO CONSCIOUSLY DISREGARD A RISK. AND I THINK THE JUDGE SAID HE COULDN"T FIND BEYOND A REASONABLE DOUBT. >> DO YOU THINK THE JUDGE SHOULD HAVE OR MAYBE THIS ISN"T GOOD PROTOCOL BUT COULD HE HAVE ADMONISHED THE SYSTEM? SOMEONE DIED IN POLICE CUSTODY. >> I THINK THE JUDGE IS BEING VERY CAREFUL. THERE"S NO QUESTION EVERYONE IN THE ROOM UNDERSTANDS THAT THIS IS A CASE THAT HAS POLITICAL IMPLICATIONS THAT THIS IS A CASE THAT RAISES PUBLIC POLICY ISSUES THAT THE COMMUNITY IS GREATLY CONCERNED ABOUT AND APPROPRIATELY SO. AND IN ORDER FOR HIM TO MAINTAIN THAT NEWT RALT THAT GIVES US FAITH IN THE JUSTICE SYSTEM TO RESOLVE THESE ISSUES I THINK HE"S BEING VERY CAREFUL TO STAY AWAY FROM THAT. >> YOU TOUCHED ON THIS IN OUR CONVERSATION BUT IF YOU COULD EXPAND ON WHERE COULD THE STATE GO FROM HERE? WHAT DO THEY NEED TO DO? >> REMEMBER EACH CASE IS SULTLY DIFFERENT AND EACH HAS DIFFERENT EVIDENCE. AND MOST IMPORTANT PART OF THAT EVIDENCE MIGHT BE THE STATEMENT OF THE OFFICERS WHO ARE CHARGED. OFFICER MILLER IS NEXT. AND OFFICER MILLER MADE A STATEMENT. IF HE MADE A STATEMENT AND I HAVE NO REASON TO BELIEVE THAT HE DID SAY THAT I THOUGHT HE WOULD BE INJURED BY I KIND OF THOUGHT HE DESERVED IT IT WOULD BE A DIFFERENT CASE. ONE OF THE THINGS WE NOTED IS LIEUTENANT SAID. WHAT WAS INTERESTING IS AT THE END OF THE TRIAL WE STILL HADN"T HEARD. SO WE CAN INFER THERE WAS NOTHING IN THAT STATEMENT THAT SUGGESTED SOMETHING THAT FAVORED THE PROSECUTION. >> YOU HAVE BEEN ASKED THIS. SHOULD THE STATE GO FORWARD? I KNOW IT"S NOT YOUR CALL BUT BASED ON WHAT YOU"VE HEARD IN ALL THESE TRIALS. >> I THINK THAT"S A COMPLICATED QUESTION. I THINK THEY HAVE TO WEIGH THE COSTS AND BENEFITS. THEY WILL HAVE TO ASSESS THE EVIDENCE AND DECIDE CAN THEY REASONABLE DOUBT NOT SIMPLY DO WE BELIEVE A CRIME OCCURRED BUT CAN WE PROVE IT IN COURT. THERE -- IT IS WORTH NOTING THAT THE PROSECUTION OF THESE CASES, IF YOU ACCEPT THAT THEY BELIEVE A CRIME OCCURRED HAS UNCOVERED A GREAT DEAL ABOUT POLICING IN BALTIMORE. CONVERSATION FORWARD ABOUT HOW WE"RE GOING TO DEAL WITH SOME OF THE CHALLENGES ABOUT HOW WE"RE POLICING COMMUNITIES. SO NOT EVERYTHING ABOUT THIS CASE HAS BEEN A FAILURE EVEN IF

The judge said he believes the officer testimony of concerns over crowd at Gray arrest. He also believed Gray"s friend, Brandon Ross" testimony that there were community concerns over the handling of Gray"s arrest.

"There is no finite definition of crowd," Williams said. "To one officer, three people may be a crowd, to three other officer, nine may not be a crowd. It is a matter of perspective. As this court noted its willingness to acknowledge that in the circumstances of the moment, Mr. Ross" perception that Mr. Gray was tased was believable for him, this court is equally willing to acknowledge from the veiwpoint of (Officers Edward) Nero and (William) Porter that there may have been issues with what they called the crowd."

Burden of proof not met

"The state has put forth every theory that can exist and the judge has acknowledged again and again that the state did not meet its burden," said attorney Warren Alperstein, a courtroom observer.

"It wasn"t a big surprise, I think we were expecting this," University of Baltimore law professor David Jaros said."There was not a great deal of different evidence than what we"ve seen in the past."

The 25-year-old Graydied April 19, 2015, a week after he suffered a neck injury while in a police transport van.

Rice is the officer who initiated the pursuit of Gray when he and two others were walking in west Baltimore on April 12, 2015. Gray ran off after Rice made eye contact with him.

The prosecution argued Rice"s decisions amount to a reckless disregard for Gray"s life. On the other side, the defense argued Rice made a 9-second decision that was 100 percent reasonable based on Gray being combative, tight van quarters and a hostile crowd gathering.

The state called that defense called the defense version police mythology based on video of the scene showing a handful of people dispersing and that the van was not rocking.

"This was a case of rushed prosecution," said defense attorney Warren Brown, a courtroom observer with no connection to the trial. "The judge said he needs to see evidence in these cases and without it this will continue to be the result."

Alperstein agrees.

"Judge Williams drove home the point that his decision would be based solely on the evidence," Alperstein said. "The judge has the ability to put prejudices and emotions aside."

VIDEO: Legal analyst expects additional officers" trials will continue

STATE PROVED ITS CASE BEYOND A REASONABLE DOUBT. PROFESSOR COLBERT. WHAT DID THIS CASE REVEAL ABOUT CITY POLICING AND THE RELATIONSHIP BETWEEN THE CITY POLICE AND PROSECUTOR"S OFFICE? >> IT"S GOING TO TAKE A VERY STRONG PROSECUTOR TO FOLLOW THE EVIDENCE AND TO BRING CHARGES AGAINST THE POLICE OFFICER. BUT THAT"S HER ETHICAL DUTY WHERE THE EVIDENCE SUPPORTS CONVICTION IN HER OPINION BEYOND A REASONABLE DOUBT. THE PROSECUTING ATTORNEY MUST DO SO NO DOUBT SHE"S ALREADY FELT A GREAT DEAL OF WRATH AND HOSTILITY FROM THE POLICE UNION. BUT I EXPECT THAT THERE WILL BE ADDITIONAL TRIALS BECAUSE YOU"RE PUTTING THE POLICE DEPARTMENT ON NOTICE. YOU"RE PUTTING THE OFFICERS OF THEIR AWARENESS THAT THEY MUST TREAT PEOPLE AND PROTECT THEM AND SAFEGUARD THEM AND MAKE SURE THAT WHAT HAPPENS TO FREDDIE GRAY DOES NOT EVER HAPPEN AGAIN IN OUR CITY. >> MARILYN HAS BEEN IN THE COURTROOM ON AND OFF. TODAY HOWEVER SOME OF HER STAFF WAS IN THE COURTROOM. BUT SHE WAS NOT. >> I THINK WHAT"S IMPORTANT HERE IS THAT SHE HAS MAINTAINED HER COMMITMENT AND HER DEDICATION. A LESSER OFFICIAL PERHAPS ONLY THINKING ABOUT THEIR FUTURE MIGHT HA DECIDED TO TAKE A DIFFERENT PATH AND TO DO WHAT THE POLICE UNION IS REQUESTING. BUT I THIN WE CAN FEEL CERTAIN THAT THE PROSECUTION WILL CONTINUE BUT WILL TRY TO ADD THE MISSING PIECES THAT JUDGE WILLIAMS IDENTIFIED DURING HIS DECISION. >> U YOU"VE BEEN SITTING IN ON ALL THESE TRIALS AND THIS O WAS THERE ENOUGH EVIDENCE TO PROSECUTE OBANYTHING? >> THE JUDGE INDICATED THERE WAS ENOUGH EVIDENCE WHEN HE DENIED THE DEFENSE MOTION TO DISMISS IT AT THE CLOSE OF THE PROSECUTION CASE AND HE ALLOWED -- HE FOUND THAT THERE WAS THE CHARGES. SO THAT"S THE ANSWER TO ANY OF THE NAYSAYER WHO ARE SUFFICIENT EVIDENCE. THE QUESTION THOUGH FOR THE JUDGE WAS WAS IT SUFFICIENT TO PROVE GUILT BEYOND A REASONABLE DOUBT. AND FOR THE COURT HE FOUND THAT THERE WAS NOT SUFFICIENT EVIDENCE. >> THE JUDGE SAID -- APPARENTLY THERE WERE TOO MANY GAPS IN THE STATE"S CASE AND THE JUDGE SAID THE COURT"S IMAGINING IS NOT A SUBSTITUTE FOR EVIDENCE. THAT WAS A CLEAR SIGNAL YOU GUYS HAVE GOT THE SAME EVIDENCE BUT YOU"RE GOING TO HAVE THE SAME CONCLUSION UNLESS YOU UP WITH SOMETHING NEW? >> ONE PLACE WHERE THE EVIDENCE CAN BE PRESENTED WILL ANSWER THE JUDGE"S QUESTION ABOUT THE AWARENESS OF THE POLICE DEFENDANT, THAT THE DEFENDANT WAS AWARE THAT PLACING FREDDIE GRAY IN THE SITUATION HE WAS IN LEFT HIM HELPLESS AND VULNERABLE TO INJURY. AND THAT EVIDENCE WILL COME FROM OUR CITY PAYING MILLIONS OF DOLLARS FOR OTHER PEOPLE WHO WERE SERIOUSLY INJURED DURING POLICE RIDES. AND THAT INFORMATION I EXPECT WOULD HAVE BEEN COMMUNICATED NOT ONLY TO THE TOP OF THE POLICE DEPARTMENT BUT TO THE OFFICERS ON DUTY. >> FINAL QUESTION HERE THOUGH. PART OF THAT EVIDENCE THAT DID NOT COME IN WAS THE SANCTION FOR DISCOVERY VIOLATION. AND THAT EVIDENCE COULD HAVE BEEN RECORDS OUTSIDE OF THE ACADEMY TRAINING. DOES THAT MAKE A DIFFERENCE NOW IN HINDSIGHT? >> I THINK THAT THE PROSECUTION EXPECTED THE JUDGE TO TAKE NOTICE THAT 18 YEARS ON THE FORCE IN THE POSITION OF A LIEUTENANT WOULD HAVE GIVEN THIS DEFENDANT THE AWARENESS AND KNOWLEDGE THAT HE NEEDED TO THAT INJURY WOULD LIKELY -- OR THE POTENTIAL OF INJURY WOULD

Officials react to verdict

Mayor Stephanie Rawlings-Blake released a statement after the verdict was announced, saying, "Judge Barry G. Williams found Lt. Brian Rice not guilty of all criminal charges. Lt. Rice is the highest-ranking officer charged in the Freddie Gray case. He was facing involuntary manslaughter, reckless endangerment and misconduct in office.

"Now that the criminal case has come to an end, Lt. Rice will face an administrative review by the Police Department.

"This has been a very difficult time for our city and I thank the community for their patience during this time and ask their continued respect for the judicial process as we move forward."

State Sen. Catherine Pugh, the Democratic nominee for Baltimore mayor, also released a statement, saying, "Judge Barry G. Williams found Lt. Brian Rice not guilty on all criminal charges. Now that a verdict has been delivered, the city must continue to exercise patience and respect for the judicial process. Even though there will be disagreements on this outcome, we have an opportunity to continue the public dialogue around police and community interaction it is not an easy conversation but a necessary one if we are to solve the longstanding problems that exist."

U.S. Rep Elijah Cummings, a Baltimore Democrat, shared a similar sentiment.

Today Judge Barry G. Williams found Mr. Brian Rice not guilty of all charges," Cummings said in a statement. " I thank Judge Williams for ensuring a fair process for all parties involved in this trial. I thank every Baltimore resident for respecting Judge Williams rulings and for expressing any frustrations constructively by engaging in peaceful protests.

Like every city in America, Baltimore must continue to find ways to improve the relationships between our communities and police departments. While recent attacks on law enforcement in Dallas, Baton Rouge and in our own city have been painful reminders of the dangers our officers face on the job daily, we must continue making reforms to our police department.

I am pleased that Commissioner Kevin Davis has worked to implement several reforms, including a commitment to recruiting the best officers to join the Baltimore Police Department; a mandate that all recruits spend more than 3 months engaging in community policing when they join the force; a plan to teach all recruits about Baltimores history and culture; and an updated and clearer use of force policy.

I look forward to further reforms at the Baltimore Police Department. I believe that such reforms will go a long way toward creating and fostering a healthy relationship between police and the entire Baltimore community. We must turn toward each other, and not against each other.

Chuck Canterbury, the national president of the Fraternal Order of Police, expressed satisfaction with the outcome of the Rice trial.

"We knew from the beginning that Lt. Rice was innocent and wrongly charged with these crimes like the rest of the officers that have been on trial," Canterbury said in a statement. "The outcome of today"s trial just proves that Lt. Rice did everything by the book, like every other officer that was present at the arrest that day, despite the false charges against him.

"It is terrible that in our country today that law enforcement officers doing their job the right way can still be fasely accused of misconduct and have their lives potentially ruined, even though the facts were there from the beginning that no misconduct occurred," Canerbury continued.

"It is time to end this witch hunt that State"s Attorney Mosby has been leading. She has disgraced her office and there should be charges of prosecutorial misconduct brought against her immediately. There"s been a lot of loose talk about the so-called Ferguson effect. What officers are really worried about is the Mosby effect -- prosecutors on a witch hunt prosecuting police officers who are just doing their jobs."

Does verdict impact other cases?

Goodson, the transport van driver, was cleared last month of all charges, including second-degree depraved heart murder. Nero was cleared of misdemeanor charges in May. Both Goodson and Nero opted for bench trials. The trial of Officer William Porter ended in December with a hung jury.

Nero, Goodson, and Officer Garrett Miller were in the front row when the verdict was read. Baltimore City State"s Attorney Marilyn Mosby was not in the courtroom.

Alperstein and Brown are among those wondering how much longer the state will continue to pursue the remaining cases against the officers in the Gray case given the previous verdict.

"The state isn"t just 0-for-4 in these cases; they are 0-for-24," Brown said. "There has not been a guilty verdict on any of the charges in this case. How much longer will the state continue with these trials."

"The prosecution has moved forward with these cases because they promised justice for Freddie Gray," Alperstein said. "But, the state has spent hundreds of thousands of dollars on these cases not including the cost of additional law enforcement on verdict days. At some point, can"t the state say these cases have led to changes in police policies and protocols and that is justice?"

The next officer to go on trial in the Gray case is Officer Garrett Miller, whose case is set to begin July 27. Porter is expected to be retried on Sept. 6 and Sgt. Alicia White will go on trial Oct. 13.

WBALTV.com digital editor Saliqa Khan,WBAL-TV 11 News I-Team reporters David Collinsand Barry Simms and WBAL NewsRadio 1090 AM reporter Robert Lang contributed to this report.

Source: http://www.wbaltv.com/news/verdict-expected-in-lt-brian-rice-case/40759058