Circuit Court Judge Barry G. Williams on Wednesday declared a mistral in the trial of Baltimore police officer William G. Porter, after the jury was unable reach a decision in three days of deliberation.
Porter, 26, was charged with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office during the April 12 arrest and eventual death of Freddie Gray, 25, that set off riots and protests throughout the city.
Gray suffered a fatal spinal injury while being transported in a police van after begin caught with what the officers believed to be an illegal knife under Maryland law at the time. He was shackled in the van, which made six stops, but was not wearing a seatbelt. The knife has since been deemed legal.
Prosecutors said Porter, who is one of six officers, three African-American, charged in the case, was present at five of the six stops made along the way and was summoned to the back of the van to check on Gray multiple times.
Dr. Carol Allan, the assistant state medical examiner, testified that Gray likely received the neck injury before the fourth stop, when Porter said Gray asked to be taken to the hospital. The prosecution and the defense disagreed about whether Gray was actually injured at the fourth stop and if Porter’s decision to not call a medic then was reasonable.
Two other physicians testifying for the defense said Gray’s neck injury likely happened after the fourth stop because if it had happened prior, he would have been unable to speak at that time.
Porter eventually conceded that although Gray asked for medical help at the fourth stop, he did not call for it because Gray did not appear to be injured, nor did he articulate what was wrong with him. In testimony, Porter said he told the driver, Officer Caesar Goodson Jr., that Gray had asked to go to a hospital and from that point on Gray was in Goodson’s custody.
Goodson’s trial is set to begin next month. He is facing a charge of second-degree murder with a depraved heart — the most serious offense. The trials of the other officers charged begin separately and consecutively, starting with Goodson’s.
Prosecutors will appear in front of an administrative judge Thursday to decide if they will re-try the Porter case. Porter said he would not be in attendance.
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“We thank you for your time,” Williams said, sending the jury home Wednesday afternoon. The jurors are comprised of five black men, three black women, three white women and one white man. The alternates are three white men and one black man.
Baltimore Mayor Rawlings-Blake said in a statement after the judge’s decision that the city “must respect the outcome of the judicial process,” while urging for peaceful protests. On Monday, she activated Baltimore City’s Emergency Operations Center.
“Whether you like the decision or not, the Baltimore City NAACP calls for frustration and anger to be controlled and the rights of all people respected, on all sides,” Baltimore City NAACP President Tessa Hill-Aston said . “We must be guided by our own sense of what must happen next for Baltimore, guided by the tangible sense of frustration and anger held by so many city residents and guided by the fact that there remains five officers to stand trial for the death of Freddie Gray.”
Bmore Bloc, a grassroots organization in Baltimore that has marched continuously against police brutality, tweeted there would be a protest at 5:30 p.m. Eastern time in front of Baltimore City Hall. Protests have already begun in the city.