However, officer Caesar Goodson Jr.is facing a felony case, including a charge of depraved-heart murder, over the arrestee’s fatal injury while in custody a year ago. The trial begins on Thursday morning.
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He faces the most serious charges in the case; second degree depraved heart murder, involuntary manslaughter, assault, gross negligent manslaughter by vehicle, criminal negligent manslaughter by vehicle and misconduct in office. Goodson, 46, had been driving the van in which 25-year-old Gray sustained a severe spinal cord injury that led to his death a week later. In other words, if Gray lived in, say, Fell’s Point instead of Sandtown-Winchester, it would have been easier for prosecutors to prove that Officer Nero made an unlawful arrest when he chased Gray down. The trial of Officer William G. Porter ended in a hung jury in December. In the second trial, last month, Officer Edward M. Nero was acquitted by Judge Williams.
Last month during the trial of Officer Nero, who also opted to have a bench trial, prosecutors attempted to persuade the judge that Nero and the other arresting officers also had a duty to make sure that Gray was wearing a seat belt. His death sparked days of riots in the city.
Williams outlined when Goodson was charged in May 2015 and the court happenings since that date, including the time lapse since the Maryland Court of Appeals ruling on Porter’s testimony.
Prosecutors say Gray needed medical attention at that stop, but Goodson did nothing.
The trial is also likely to partially focus on the one stop the van made after Gray’s arrest, where Goodson was the only officer who checked on Gray, but who then continued to the Western District Police Station.
Legal experts believe this adds significance to the fact the judge granted a defense motion to block an unrecorded statement Porter made to an investigator over the phone that Gray said “I can’t breathe”. “And yet, in the relatively rare instances where police officers are defendants, they have consistently opted for judge trial-with very good results for the defendants”. Officer Goodson’s lawyers claim those statements are hearsay. At the time, Mr. Alperstein said the prosecutors were disadvantaged because they hadn’t been able to interview Officer Miller before he testified.
Gray died a week after he was injured in the van. He reportedly pushed Gray inside the van without first securing him with a seatbelt.
A demonstrator waits for an announcement in the trial of Baltimore Police Officer Edward Nero, one of six officers charged in the arrest and death of Freddie Gray.
“That’s where people’s sympathies and experiences come into play”, he said.
Three others cases involving officers will start from July through October.
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David Weinstein, a former federal prosecutor familiar with the case, said if he chooses a jury trial, selecting the panel will be a crucial process.
