Rick Ritter with protesters having a peaceful demonstration.
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The jury couldn’t reach a decision in the manslaughter trial of Officer William Porter.
William Porter’s mistrial is a setback for prosecutors trying to respond to a citizenry frustrated by violent crime and allegations of police misconduct. Police officers took cell phone photos of the protesters-mostly teens and young adults-and the protesters recorded the police. The charges against Porter carried maximum prison terms totaling 25 years. Prosecutors can retry Porter.
The judge planned to discuss a possible retrial with both sides in his chambers today. Porter waived his right to appear. They indicated they were deadlocked on Tuesday, but Circuit Judge Barry Williams told them to keep at it, even as he denied their requests for help.
One legal expert said he was surprised to see a mistrial declared on just the third day of deliberations.
But yesterday he told them: “It is clear you will not come to a unanimous agreement on any of the four charges”. Before dismissing them, he said, “You have clearly been diligent”.
Earlier, the jury failed to unanimously agree on charges against the officer, making the judge to declare mistrial in the case.
The announcement sparked anger outside the court, where protesters united with chants such as “black lives count too”.
Television footage outside the courthouse showed Baltimore sheriff’s deputies, who provide security at the building, taking demonstrator Kwame Rose into custody. “We will fight for Freddie Gray”.
Tessa Hill-Aston, president of the Baltimore chapter of the NAACP, said she expected the group of protesters outside the courthouse and elsewhere in the city would grow. In the coming days, if some choose to demonstrate peacefully to express their opinion, that is their constitutional right.
A new, unrelated police officer-involved shooting on Wednesday meanwhile resulted in two police firing on one of two suspects in a robbery-shooting case, Baltimore police said. A female supporter joined Porter on a bench in a corner of the hallway.
A defense attorney wouldn’t comment about the mistrial, saying he was subject to a court gag order. The situation was quiet at North and Pennsylvania, the intersection where the worst rioting happened in April as parts of West Baltimore were set on fire. Mr Murphy won a multimillion-dollar settlement for Mr Gray’s relatives before the trial began. His lawyers have said that Porter acted as any reasonable officer would have.
Reading from a statement, Richard Shipley, Gray’s stepfather, thanked “this hard-working jury” and said, “We are not at all upset with them, neither should the public be upset”. Jaros predicted defense lawyers would “re-evaluate the strength of their case” after Wednesday’s outcome, and credited the state with doing “a better job than we appreciated” in persuading at least some jurors that Porter had ignored Gray when he was in distress.
Porter, who arrived later as backup, said in his defense that he thought Gray was faking his injuries and did not know that Gray’s life was in danger until the van reached the Western District police station, with Gray lying shackled and unresponsive on the floor. Combs pleaded guilty in September to misconduct in office.
“I do think that all those cases will be tried, but this is a problem for the prosecution, because the prosecution wanted to try this officer first so that, in the event of a conviction, they could use his statements against the other officers”, she said.
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Gray, 25, died April 19, seven days after he was arrested for fleeing from officers. They say he should have called a medic for Gray sooner than one was eventually called and also should have ensured that Gray was wearing a seat belt.
