Judge acquits Baltimore officer

Defendant found not at fault for man’s fatal injuries in van

Edward Nero, one of six Baltimore police officers charged in the death of Freddie Gray, leaves a Baltimore courthouse Monday after being acquitted of all charges.
Edward Nero, one of six Baltimore police officers charged in the death of Freddie Gray, leaves a Baltimore courthouse Monday after being acquitted of all charges.

BALTIMORE -- A Baltimore officer was acquitted Monday of assault and other charges in the arrest of Freddie Gray, dealing prosecutors a blow in their attempt to hold police accountable for the young black man's death from injuries he suffered in the back of a police van.

A judge cleared officer Edward Nero of assault, reckless endangerment and misconduct, concluding that Nero played little role in Gray's arrest and wasn't responsible for the failure to buckle him into the police van where he suffered a broken neck.

Nero, who is white, was the second of six officers charged in the case to stand trial. The manslaughter case against officer William Porter ended in a mistrial in December when the jury deadlocked. Prosecutors plan to retry him in September.

Nero's lawyers said he and his wife and family are "elated that this nightmare is finally over."

"The state's attorney for Baltimore City rushed to charge him, as well as the other five officers, completely disregarding the facts of the case and the applicable law," they said in a statement.

Prosecutors had no comment; they are under a gag order.

Trial No. 3, that of van driver Caesar Goodson, who prosecutors believe is most culpable in Gray's death, is set to begin in two weeks. He is charged with second-degree murder.

Gray died a week after suffering a spinal injury in the back of the van while he was handcuffed and shackled but not belted in.

His death set off looting and arson that prompted authorities to declare a citywide curfew and call in the National Guard to quell unrest in Baltimore for the first time since riots in 1968 over the assassination of the Rev. Martin Luther King Jr.

Gray's name became a rallying cry in the growing furor over the deaths of black men in clashes with police.

Nero, 30, waived his right to a jury trial, choosing instead to let Circuit Judge Barry Williams decide his fate. The assault charge alone carried up to 10 years in prison.

"The state's theory has been one of recklessness and negligence," the judge said in his ruling. "There has been no evidence that the defendant intended for a crime to occur."

Some legal experts said the judge's ruling was so narrowly tailored -- and the facts so different from those of the other defendants -- that it provides little guidance to what could happen in future trials.

Baltimore defense attorney Warren Alperstein, who watched the trial, said Nero wisely elected a nonjury trial, because a judge is more capable of applying the complex constitutional questions involving what is a proper arrest.

The prosecution has argued that Nero had no probable cause for arresting Gray after a chase in Gray's West Baltimore neighborhood and that the very act of arresting him amounted to an assault. The state also argued that Nero's failure to put Gray in a seat belt in the back of the police van made him guilty of reckless endangerment.

But Nero's defense attorney, Marc Zayon, successfully made the case that his client, who responded to a call to chase a fleeing suspect, acted as any reasonable Baltimore police officer would during the encounter.

The prosecution pointed to a general order emailed to all Baltimore police officers from the city's police commissioner just days before Gray's arrest that called for ensuring prisoners being transported wear seat belts, without exception. But Zayon said there was no evidence that his client saw or read the order; and other officers testified that it was not common practice to make detainees wear seat belts.

Nero remains on desk duty and still faces a departmental investigation that could result in disciplinary action.

Mayor Stephanie Rawlings-Blake noted the departmental review and pleaded for calm.

"We once again ask the citizens to be patient and to allow the entire process to come to a conclusion," she said. "In the case of any disturbance in the city, we are prepared to respond. We will protect our neighborhoods, our businesses and the people of our city."

Gray's family settled with the city for $6.4 million in September. An attorney for the family, Billy Murphy, said they respected the verdict, and he commended the judge for resisting "enormous pressure" and showing "tremendous courage in ruling against public opinion."

Tessa Hill-Aston, head of the Baltimore NAACP, said outside the courthouse that she was disappointed in the verdict.

"It's not a good day," she told reporters. "Freddie was fine until they stopped him ... and they had no reason to arrest him." She said she expected an "emotional" reaction from many city residents, having been in court with people "from all walks of life" who were upset by the verdict.

Information for this article was contributed by Juliet Linderman and David Dishneau of The Associated Press; and by Joe Heim and Rachel Weiner of The Washington Post.

A Section on 05/24/2016

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