BALTIMORE (WJZ/AP)—City State’s Attorney Marilyn Mosby said a grand jury has indicted all six officers in the the Freddie Gray’s death.
Six officers were charged on May 1, following the death of Freddie Gray–Mosby calling the arrest illegal.She also announced that reckless endangerment was added to the charges against the officers and the charges of false imprisonment was removed.
Several differences in the charges reflect an adjustment to fit more of a negligent or reckless endangerment framework.
1. The charges of assault were made ‘negligent’ assault.
2. They added a reckless endangerment charge
3. They added a manslaughter by vehicle to Officer Goodson, since there is no actual intentional assault action on the officer’s part, other than potentially the use of the vehicle to in some way to injure Gray. However given that the arresting officers weren’t driving the car and Sgt. White simply looked in on him and left, any manslaughter charge as to them would seem highly questionable as there is no action on their part to even result in the manslaughter.
4. Mosby also has dropped the false imprisonment. In some ways that was the most outlandish charge. When an officer makes a mistaken arrest he is not charged with false imprisonment. He may face some departmental issues, but it is not considered a crime. This charge presents a chilling effect on officers and maybe was the most problematic for that reason. Now, simply alleging misconduct for as illegal arrest, is stepping that back a bit. However, she has left a misconduct in office, for an illegal arrest charge for the 3 arresting officers, so she will still have to justify why it was an illegal arrest, when the defense alleges the knife was in fact illegal so the arrest appears justified on that reason alone.
For 3 arresting officers it means exposure to 5 fewer years prison time, for the other three it means exposure to 5 more years.
There is an old saw that a prosecutor, in this case Mosby, can go to a grand jury and indict a ham sandwich, because a presentation to a grand jury only involves the prosecutor presenting her version of the evidence. It is not an indication of the veracity of the charges.


