DOJ opens civil rights investigation in Freddie Gray case
Sea of people march in Baltimore in memory of Freddie Gray
Updated: 4:07 PM EDT Apr 21, 2015
Gray family
SOURCE: Gray family
The Justice Department has opened a federal investigation after a man died of spinal injuries he suffered after an arrest in Baltimore.Spokeswoman Dena Iverson announced the investigation by the department's Civil Rights Division on Tuesday.Investigators will look for civil rights violations in the treatment of Freddie Gray, who was arrested April 12 and placed in a transport van.Mobile users tap here for video updating the investigationIverson released a statement, saying: "The Department of Justice has been monitoring the developments in Baltimore, Maryland, regarding the death of Freddie Gray. Based on preliminary information, the Department of Justice has officially opened this matter and is gathering information to determine whether any prosecutable civil rights violation occurred."Deputy Police Commissioner Jerry Rodriguez told WBAL-TV 11 News reporter Kai Reed that the Police Department is cooperating fully with the federal investigation and is handing over documents."We are in fact cooperating fully with the Federal Bureau of Investigation, which we are handing over a copy of all of the documents we have for their review of this case," Rodriguez said.Exclusive: Commissioner understands community's frustrationsIn an exclusive interview with WBAL-TV 11 News late Tuesday night, Baltimore City Police Commissioner Anthony Batts said he saw the big protest and march that wound through the streets of west Baltimore earlier in the afternoon. Protesters said they are frustrated that the officers involved were suspended with pay instead of arrested and charged with murder.Asked whether that's an extreme statement, Batts told 11 News, "I think that they're sharing their thoughts, they're sharing their concerns and I hear them and I understand. And, if I was a parent and that was my child that I lost, I'd be concerned and I'd want to know and want to react, but our job is also to have balance and not to rush to a conclusion, and that's why the direction right now is get the evidence and make sure it's right because we're only going to have one chance at this."The commissioner said his detectives are interviewing new witnesses and re-interviewing existing witnesses. He said he was pleased the protest remained peaceful.Gray had been rushed to Shock Trauma in critical condition about 30 minutes after his arrest. Addressing the timeline of events surrounding Gray's arrest and the time that had elapsed from his arrest to when paramedics were called, Batts told 11 News: "We're not doctors, we're not professionals, and I'd rather err on the side of being too conservative and making sure that the paramedics come out and check on him or take him to the hospital. I think the officers, from what I've been told now, had intentions to take him to the hospital at that time. I expect them to get a paramedic there."Leaders call for independent reviewsMaryland members of Congress called on the Department of Justice to open federal criminal and civil rights investigations into Gray's death.32497238In part, their letter reads: "Freddie Gray's family and the residents of the city of Baltimore deserve to know what happened to him while he was in police custody ... We need the facts to restore the public confidence in the Baltimore Police Department." Read the full letter hereBaltimore City Council President Jack Young also sent a letter to Gov. Larry Hogan, requesting an independent investigation into Gray's death. PDF: Read the letter hereGubernatorial Press Secretary Douglass Mayer released a statement Tuesday evening, saying: "Under any circumstance, the loss of a young person is always cause for grief and a time for reflection, and Governor Hogan sends his deepest condolences to all who knew and cared for Mr. Freddie Gray. The governor has been in contact with Mayor Rawlings-Blake as well as Marilyn Mosby, the State's Attorney for Baltimore City, to discuss the investigation into the death of Mr. Gray. Governor Hogan has every confidence that the State's Attorney and the U.S. Department of Justice will conduct thorough, impartial, and transparent investigations into the incident, in order to provide Mr. Gray's family and the community with the answers they deserve."The mayor's office released a statement, saying: "From the outset of our investigation, I have repeatedly affirmed my support for an outside review into the death of Mr. Gray. Whenever a police force conducts an internal investigation, there are always appropriate questions of transparency and impartiality. My goal has always been to get answers to the questions so many of us are still asking with regards to Mr. Gray's death. Any effort that adds additional transparency and builds community trust in this process is welcomed. This outside review will assist us in getting to the bottom of what happened to Mr. Gray in the most objective and transparent way possible.""We're dealing with decades-old systemic conditions that have been plaguing the same communities. I think that now that the spotlight is on Baltimore, it provides folks with some ability of hope," said City Councilman Nick Mosby, D-District 7."We know that it's warranted. We know that the Justice Department is looking at these incidents across the country with a closer eye now, and we'll see," said City Councilman Brandon Scott, D-District 2.Gray died from spinal injuryGray died Sunday of what police described as a significant spinal injury. Baltimore police have said they're looking into why Gray was stopped and what led to his injury.Video from the city's crime camera system from the morning of April 12 shows a man running down the street, which was the reason why police said officers pursued Gray.According to the report, police wrote, "(Gray) fled unprovoked upon noticing police presence."Police caught up to Gray, and even though he was compliant according to their description, police put him on the sidewalk, handcuffed him and searched him, finding a small knife that led to his arrest and his fatal trip in a police transport vehicle."They seem to admit that the only basis for the stop was, 'Man looked the officer in the eye and started running,'" said Billy Murphy, an attorney representing the Gray family. "You know, a black man running is not probable cause. A black man being scared of the police and running from the police, that's not probable cause."The police commissioner said Monday that the reason for chasing Gray is part of the investigation. Established case law allows police to use the mere act of running away as reason to stop someone if it's in a high-crime area, but handcuffing and searching Gray might have required additional probable cause.VIDEO: Questions remain without answersSix police officers have been suspended in the investigation. They include newly promoted Sgt. Alicia White, 30; Officer William Porter, 25; Officer Garrett Miller, 26; Officer Edward Nero, 29; Officer Caesar Goodson, 45; and Lt. Brian Rice, 41. Miller is the officer who arrested Gray, Goodson was the driver of the police transport van and Rice was the supervisor on the day of Gray's arrest.In federal civil rights cases, investigators look for evidence that an officer willfully violated a person's civil rights by using unreasonable force.The Police Department has promised its internal investigation will be completed May 1 with the promise of more information."As we move forward during the course of this investigation, we want to make it very clear that we're going to continue to update the public as much as we can," Baltimore City police Capt. Eric Kowalcyzk said.32484078Long-time community activists see the Gray case as a reason to change the hardcore policing practices that have been in place in Baltimore for years."If the police see people on the corner 8:30 in the morning, they could pull up and say, 'Get off the corner, move,' but to apprehend someone -- didn't charge him, didn't (ask) what he was doing, it was just drugs on the corner. It could have been me or you," said Tessa Aston, president of the Maryland branch of the National Association for the Advancement of Colored People.Protesters march in Gray's memoryA sea of people converged Tuesday evening at North Mount and Pressbury streets, where Gray was arrested, for a candlelight vigil and a march to the Western District police station.VIDEO: Live coverage as protesters marchVIDEO: Family, protesters sound off32493598By the time they headed to the Western District police station, the march grew to at least a couple thousand. Gray's grieving relatives, who led the protesters, were seemingly overwhelmed by the march and the media surrounding them.Two people were detained after they crossed the barricades, but overall, it was a peaceful demonstration and those participating wanted to bring attention to other cases of concern in Baltimore and beyond."This has been going on for years and now it takes one big incident for them to see what's going on in the world," said Dominique Cunningham, a protester."I feel disgusted. I feel like we are not getting justice. I feel like we are not getting what we need, no answers or anything," said Kim Kelly, a protester.Carron Morgan, Gray's first cousin, said he's hoping for justice in the case and healing in the community."It's like the police around here, they're judging us off our skin and how we wear our ball caps. We're good people at the end of the day. Freddie was totally conscious when he was hauled off -- you can see that on the video. How did he end up in a coma? And how did he die? Like, there are a lot of questions. Where's the footage from the camera where he was arrested? We want justice, we want justice for Freddie," Morgan said. "I want the officers involved to be tried and brought to justice the same way if we shot someone and they would put us on trial. Hopefully, the mayor and commissioner do the right thing."Police are seeking additional witnesses to Gray's arrest, and the state's attorney's investigators have also been in west Baltimore, conducting their own interviews.WBAL-TV 11 News I-Team lead investigative reporter Jayne Miller and reporters Kate Amara, Lowell Melser, Kai Reed and George Lettis contributed to this report
BALTIMORE —
The Justice Department has opened a federal investigation after a man died of spinal injuries he suffered after an arrest in Baltimore.
Spokeswoman Dena Iverson announced the investigation by the department's Civil Rights Division on Tuesday.
DOJ investigation into Baltimore Police Department continues
Federal civil rights investigations rarely lead to prosecutions
Investigation centers on why police pursued Freddie Gray
Investigators will look for civil rights violations in the treatment of Freddie Gray, who was arrested April 12 and placed in a transport van.
Mobile users tap here for video updating the investigation
Iverson released a statement, saying: "The Department of Justice has been monitoring the developments in Baltimore, Maryland, regarding the death of Freddie Gray. Based on preliminary information, the Department of Justice has officially opened this matter and is gathering information to determine whether any prosecutable civil rights violation occurred."
Deputy Police Commissioner Jerry Rodriguez told WBAL-TV 11 News reporter Kai Reed that the Police Department is cooperating fully with the federal investigation and is handing over documents.
"We are in fact cooperating fully with the Federal Bureau of Investigation, which we are handing over a copy of all of the documents we have for their review of this case," Rodriguez said.
Exclusive: Commissioner understands community's frustrations
In an exclusive interview with WBAL-TV 11 News late Tuesday night, Baltimore City Police Commissioner Anthony Batts said he saw the big protest and march that wound through the streets of west Baltimore earlier in the afternoon. Protesters said they are frustrated that the officers involved were suspended with pay instead of arrested and charged with murder.
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Asked whether that's an extreme statement, Batts told 11 News, "I think that they're sharing their thoughts, they're sharing their concerns and I hear them and I understand. And, if I was a parent and that was my child that I lost, I'd be concerned and I'd want to know and want to react, but our job is also to have balance and not to rush to a conclusion, and that's why the direction right now is get the evidence and make sure it's right because we're only going to have one chance at this."
The commissioner said his detectives are interviewing new witnesses and re-interviewing existing witnesses. He said he was pleased the protest remained peaceful.
Gray had been rushed to Shock Trauma in critical condition about 30 minutes after his arrest. Addressing the timeline of events surrounding Gray's arrest and the time that had elapsed from his arrest to when paramedics were called, Batts told 11 News: "We're not doctors, we're not professionals, and I'd rather err on the side of being too conservative and making sure that the paramedics come out and check on him or take him to the hospital. I think the officers, from what I've been told now, had intentions to take him to the hospital at that time. I expect them to get a paramedic there."
Leaders call for independent reviews
Maryland members of Congress called on the Department of Justice to open federal criminal and civil rights investigations into Gray's death.
In part, their letter reads: "Freddie Gray's family and the residents of the city of Baltimore deserve to know what happened to him while he was in police custody ... We need the facts to restore the public confidence in the Baltimore Police Department." Read the full letter here
Baltimore City Council President Jack Young also sent a letter to Gov. Larry Hogan, requesting an independent investigation into Gray's death. PDF: Read the letter here
Gubernatorial Press Secretary Douglass Mayer released a statement Tuesday evening, saying: "Under any circumstance, the loss of a young person is always cause for grief and a time for reflection, and Governor Hogan sends his deepest condolences to all who knew and cared for Mr. Freddie Gray. The governor has been in contact with Mayor Rawlings-Blake as well as Marilyn Mosby, the State's Attorney for Baltimore City, to discuss the investigation into the death of Mr. Gray. Governor Hogan has every confidence that the State's Attorney and the U.S. Department of Justice will conduct thorough, impartial, and transparent investigations into the incident, in order to provide Mr. Gray's family and the community with the answers they deserve."
The mayor's office released a statement, saying: "From the outset of our investigation, I have repeatedly affirmed my support for an outside review into the death of Mr. Gray. Whenever a police force conducts an internal investigation, there are always appropriate questions of transparency and impartiality. My goal has always been to get answers to the questions so many of us are still asking with regards to Mr. Gray's death. Any effort that adds additional transparency and builds community trust in this process is welcomed. This outside review will assist us in getting to the bottom of what happened to Mr. Gray in the most objective and transparent way possible."
"We're dealing with decades-old systemic conditions that have been plaguing the same communities. I think that now that the spotlight is on Baltimore, it provides folks with some ability of hope," said City Councilman Nick Mosby, D-District 7.
"We know that it's warranted. We know that the Justice Department is looking at these incidents across the country with a closer eye now, and we'll see," said City Councilman Brandon Scott, D-District 2.
Gray died from spinal injury
Gray died Sunday of what police described as a significant spinal injury. Baltimore police have said they're looking into why Gray was stopped and what led to his injury.
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Video from the city's crime camera system from the morning of April 12 shows a man running down the street, which was the reason why police said officers pursued Gray.
According to the report, police wrote, "(Gray) fled unprovoked upon noticing police presence."
Police caught up to Gray, and even though he was compliant according to their description, police put him on the sidewalk, handcuffed him and searched him, finding a small knife that led to his arrest and his fatal trip in a police transport vehicle.
"They seem to admit that the only basis for the stop was, 'Man looked the officer in the eye and started running,'" said Billy Murphy, an attorney representing the Gray family. "You know, a black man running is not probable cause. A black man being scared of the police and running from the police, that's not probable cause."
The police commissioner said Monday that the reason for chasing Gray is part of the investigation. Established case law allows police to use the mere act of running away as reason to stop someone if it's in a high-crime area, but handcuffing and searching Gray might have required additional probable cause.
VIDEO: Questions remain without answers
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Six police officers have been suspended in the investigation. They include newly promoted Sgt. Alicia White, 30; Officer William Porter, 25; Officer Garrett Miller, 26; Officer Edward Nero, 29; Officer Caesar Goodson, 45; and Lt. Brian Rice, 41. Miller is the officer who arrested Gray, Goodson was the driver of the police transport van and Rice was the supervisor on the day of Gray's arrest.
In federal civil rights cases, investigators look for evidence that an officer willfully violated a person's civil rights by using unreasonable force.
The Police Department has promised its internal investigation will be completed May 1 with the promise of more information.
"As we move forward during the course of this investigation, we want to make it very clear that we're going to continue to update the public as much as we can," Baltimore City police Capt. Eric Kowalcyzk said.
Long-time community activists see the Gray case as a reason to change the hardcore policing practices that have been in place in Baltimore for years.
"If the police see people on the corner 8:30 in the morning, they could pull up and say, 'Get off the corner, move,' but to apprehend someone -- didn't charge him, didn't (ask) what he was doing, it was just drugs on the corner. It could have been me or you," said Tessa Aston, president of the Maryland branch of the National Association for the Advancement of Colored People.
Protesters march in Gray's memory
A sea of people converged Tuesday evening at North Mount and Pressbury streets, where Gray was arrested, for a candlelight vigil and a march to the Western District police station.
VIDEO: Live coverage as protesters march
VIDEO: Family, protesters sound off
By the time they headed to the Western District police station, the march grew to at least a couple thousand. Gray's grieving relatives, who led the protesters, were seemingly overwhelmed by the march and the media surrounding them.
Two people were detained after they crossed the barricades, but overall, it was a peaceful demonstration and those participating wanted to bring attention to other cases of concern in Baltimore and beyond.
"This has been going on for years and now it takes one big incident for them to see what's going on in the world," said Dominique Cunningham, a protester.
"I feel disgusted. I feel like we are not getting justice. I feel like we are not getting what we need, no answers or anything," said Kim Kelly, a protester.
Carron Morgan, Gray's first cousin, said he's hoping for justice in the case and healing in the community.
"It's like the police around here, they're judging us off our skin and how we wear our ball caps. We're good people at the end of the day. Freddie was totally conscious when he was hauled off -- you can see that on the video. How did he end up in a coma? And how did he die? Like, there are a lot of questions. Where's the footage from the camera where he was arrested? We want justice, we want justice for Freddie," Morgan said. "I want the officers involved to be tried and brought to justice the same way if we shot someone and they would put us on trial. Hopefully, the mayor and commissioner do the right thing."
Police are seeking additional witnesses to Gray's arrest, and the state's attorney's investigators have also been in west Baltimore, conducting their own interviews.
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WBAL-TV 11 News I-Team lead investigative reporter Jayne Miller and reporters Kate Amara, Lowell Melser, Kai Reed and George Lettis contributed to this report