But the prosecution had a tough case from the beginning, in part because the jury was asked to convict not on what Porter did – but what Porter failed to do.
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Gray was arrested April 12 after he fled from two police officers on bike patrol who later caught up to him and found a knife in his trousers.
He died of his injuries several days later, sparking protests, looting and arson, and more intense debate about police use of deadly force, particularly in its dealing with black men or youths.
It was not clear how the mistrial would affect the other officers. Ferguson was the site of another fatal shooting of a black teen by a white police officer in August 2014. All six maintain their innocence in connection with Gray’s death.
A day before the mistrial, Judge Barry G. Williams ordered the jury to continue deliberating after they reported they had not reached a verdict.
Murphy disputed her assessment, claiming statistics show 70 percent of mistrials result in wins for the prosecution.
Now, though, everything is up in the air.
Williams on Wednesday declared a mistrial in police Officer William Porter’s case.
Mosby wouldn’t comment: “Gag order”, she said, smiling and shaking her head inside the courthouse. Prosecutors have not talked to reporters either since leaving court.
Warren Brown, a Baltimore defense lawyer who was in the courtroom, said he was not surprised by Wednesday’s decision.
Gray’s family attorney Billy Murphy kept calm after the decision was made. The U.S. Department of Justice has said it is investigating Gray’s death. A unanimous verdict, they told Williams, was impossible. We ask the public to remain calm, patient, because we have confidence there will be another trial with a different jury. “We are calm. You should be calm, too”. She said city residents must respect the outcome of the judicial process and respect Baltimore neighborhoods.
It’s unclear whether the state will pursue a retrial of the cop, William Porter.
It is up to the state’s attorney to decide what happens next. But the mistrial could complicate that strategy, and depending on how the other trials are scheduled, he may not be available to testify.
“Now there are lots of strategic decisions ahead”.
The city has been on edge while awaiting for the verdict in the case against police officer William Porter to be handed down.
Another question is whether Porter is offered immunity to testify in the trials of the five other officers.
The defense said the prosecution’s case was based on speculation and called Gray’s death a “horrific tragedy”.
Sunny Hostin, a former federal prosecutor and current CNN legal analyst, agreed.
Protesters march at city hall in Baltimore, December 16, 2015.
“This hung jury is… a major setback for the state because they have neither option available”, Alperstein said.
One such rally occurred at the juvenile justice center, where protesters told reporters a 16-year-old named Melvin was being wrongly held. The demonstration spilled from the pavement and on to the street.
They’re on opposite sides of a controversial case that’s sparked protests and left a city on edge.
Gray, 25, died of a spinal injury after being arrested on April 12. He was put in a transport van, shackled and handcuffed, but was not secured by a seat belt despite department policy to do so. He was accused of failing to get medical help for a critically wounded Gray and was charged with manslaughter, assault, misconduct in office and reckless endangerment.
The judge told the jurors they had “clearly been diligent” before he dismissed them. There is no statutory maximum sentence for the fourth charge, misconduct.
All six officers have been suspended.
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With the streets of Baltimore – which is about an hour from the capital Washington – tense, Police Commissioner Kevin Davis warned that protests must be kept peaceful. We don’t know how the jury divided, but boy would we like to.
