6 Baltimore officers charged in Freddie Gray's death

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Freddie Gray's Death Ruled a Homicide, 6 Officers Charged

BALTIMORE (AP) -- Saying "no one is above the law," Baltimore's top prosecutor announced charges Friday against six officers involved in the arrest of a black man whose neck was broken in police custody, a decision that comes amid outrage around the country over police brutality against African-Americans.

State's Attorney Marilyn Mosby declared that Freddie Gray's death was a homicide, his arrest was illegal, and his treatment amounted to murder and manslaughter. She detailed what happened to Gray during his arrest and the more than 30-minute ride in a police wagon, her outline either contradicting what police have said or shedding far more light on what happened inside the wagon.

Gray's knife was legal, not illegal as an officer claimed. And officers repeatedly refused to get Gray medical help, even though he kept asking for it, telling them he needed an inhaler and later that he couldn't breathe. At one point, he was shackled at the legs and put back in the wagon on his stomach. At another stop, an officer "spoke to the back of Mr. Gray's head," and even though he was unresponsive, made "no effort to look or assess or determine his condition."

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Baltimore, Officers charged in death of Freddie Gray
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6 Baltimore officers charged in Freddie Gray's death
This photo provided by the Baltimore Police Department on Friday, May 1, 2015 shows, top row from left, Caesar R. Goodson Jr., Garrett E. Miller and Edward M. Nero, and bottom row from left, William G. Porter, Brian W. Rice and Alicia D. White, the six police officers charged with felonies ranging from assault to murder in the death of Freddie Gray. (Baltimore Police Department via AP)
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: City Sheriff's deputies form a perimeter around State's Attorney for Baltimore Marilyn Mosby (C) as she leaves the Baltimore City Circuit Courthouse East where pre-trial hearings were held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Kwame Rose is arrested after he and several other protesters blocked various intersections in downtown Baltimore. The first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peaceful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A Baltimore City Sheriff's deputy moves among a small crowd of peaceful demonstrators in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peacful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody. (AP Photo/Alex Brandon)
Billy Murphy, an attorney who represents the family of Freddie Gray, stands between Senate President Thomas V. Mike Miller, seated far left, and Gov. Larry Hogan, center, as Hogan signs a bill to create a commission to study the implementation of police body cameras, Tuesday, May 12, 2015 in Annapolis, Md. Murphy said: The bills Hogan is signing Tuesday were approved before the death of Freddie Gray, who was fatally injured in Baltimore police custody last month. (AP Photo/Brian Witte)
Freddie Gray's stepfather Richard Shipley, right, speaks, as attorney Billy Murphy stands nearby, during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Freddie Gray's stepfather Richard Shipley speaks during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015, in Baltimore. State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody. (AP Photo/Alex Brandon)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody. (AP Photo/Alex Brandon)
Charvae Day, right, and Renay Battle react on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Marilyn Mosby, with folder, Baltimore state's attorney, departs after a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody.(AP Photo/Alex Brandon)
Mayor Stephanie Rawlings-Blake speaks during a media availability at City Hall, Friday, May 1, 2015 in Baltimore. Rawlings-Blake says five of six officers charged in the death of Freddie Gray are in custody. State's Attorney Marilyn J. Mosby announced criminal charges Friday against all six officers. (AP Photo/Alex Brandon)
President Barack Obama pauses as he answers a question about the situation in Baltimore during a meeting in the Roosevelt Room of the White House in Washington, Friday, May 1, 2015, with persecuted journalists to mark World Press Freedom Day. The president Barack Obama said it's "absolutely vital" that the truth about what happened to Freddie Gray comes out. (AP Photo/Susan Walsh)
Mayor Stephanie Rawlings-Blake arrives to speak at a media availability at City Hall, Friday, May 1, 2015 in Baltimore. Rawlings-Blake says five of six officers charged in the death of Freddie Gray are in custody. State's Attorney Marilyn J. Mosby announced criminal charges Friday against all six officers. (AP Photo/Alex Brandon)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march on North Avenue after Baltimore authorities released a report on the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges will be filed. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
Freddie Gray's twin sister Fredricka Gray sits during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Freddie Gray's stepfather Richard Shipley, right, sits during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced Friday criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Adrian Roberson, right, celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Police officers stand guard with the War Memorial behind, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges Friday, against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody in Baltimore. (AP Photo/Alex Brandon)
The Rev. Pamela Coleman, center speaks on a city bus on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Dominique Cunningham celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Rabbi Yerachmiel Shapiro, left, and other citizens celebrate on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Meach Johnson celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
A man shakes hands with a National Guard soldier outside City Hall, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges Friday, against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/Alex Brandon)
Protesters link arms while marching toward City Hall to demonstrate the police-custody death of Freddie Gray, Thursday, April 30, 2015, in Baltimore. Baltimore police say they have turned over their criminal investigation to a prosecutor who will decide whether charges are warranted in the death of Freddie Gray. (AP Photo/David Goldman)
BALTIMORE, MD - MAY 02: A man tears up on the street at North Ave., and Pennsylvania Ave., in West Baltimore a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., on the street a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: Protesters march on the street from City Hall a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
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"The findings of our comprehensive, thorough and independent investigation, coupled with the medical examiner's determination that Mr. Gray's death was a homicide," Mosby said, "has led us to believe that we have probable cause to file criminal charges."

Onlookers cheered and expressed amazement over Mosby's announcement, which few expected so quickly. The city, which saw looting and businesses and cars burned on Monday, was still under a nighttime curfew and National Guard troops and police were out in full force. More than 200 people have been arrested and police said nearly 100 officers were injured.

As Mosby spokes on the steps of the War Memorial Building, cheers and shouts of "Justice!" erupted. Mosby announced the charges one day after receiving the results of the internal police investigation and the autopsy report. As she spoke, the city braced for huge protests Friday and Saturday.

"Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon," she said.

The stiffest charge -- second-degree "depraved heart" murder -- was filed against driver of the police van. The other five were charged with crimes including manslaughter, assault, false imprisonment and misconduct in office.

Fraternal Order of Police local president Gene Ryan told Mosby in a letter before the charges were announced Friday that none of the six suspended officers were responsible for Gray's death. Attorney Michael Davey, who is representing at least one of the officers, is expected to hold a news conference Friday afternoon.

It's not clear who is representing the other officers. They have not returned telephoned messages.

President Barack Obama said it was "absolutely vital that the truth comes out." He said he doesn't comment on the legal process, "but I can tell you that justice needs to be served."

"Those individuals who are charged obviously are also entitled to due process and rule of law," he said.

Mosby said Gray was illegally arrested and assaulted. He was handcuffed and then hoisted into the metal compartment of a police van without the seatbelt that all officers are told they must put on for safety of both detainees and officers. The van's driver failed to restrain Gray at least five different times, she said.

At some point along the way, Gray suffered a mysterious spinal injury and died a week later.

Mosby said what police described as an illegal switchblade - Officer Garrett E. Miller swore in a court record under penalty of perjury that he found such a knife clipped inside Gray's pants pocket - was actually a legal knife, and provided no justification for Gray's arrest. Gray started running after officers made eye contact with him.

Mosby said Gray was assaulted by Miller, Officer William G. Porter, Officer Edward M. Nero, Lt. Brian W. Rice and Sgt. Alicia D. White. Each faces up to 10 years if convicted of second-degree assault.

The van driver, Officer Caesar R. Goodson Jr., faces up to 30 years on the murder charge, and 10 years each for involuntary manslaughter, assault and "manslaughter by vehicle." All of the officers also face a charge of misconduct in office.

At least five were in custody, Mayor Stephanie Rawlings-Blake said at an early afternoon news conference.

She promised to change the police department's culture.

"To those of you who wish to engage in brutality, misconduct, racism and corruption, let me be clear. There is no place in the Baltimore City Police Department for you," she said.

Mosby said she comes from five generations of police officers, that she respects and honors how police serve the people, and that this case should in no way damage the relationship between police and prosecutors in Baltimore.

She swiftly rejected a request from the Baltimore police officers union asking her to appoint a special independent prosecutor because of her ties to attorney Billy Murphy, who is representing Gray's family. Murphy was among Mosby's biggest campaign contributors last year, donating the maximum individual amount allowed, $4,000, in June. Murphy also served on Mosby's transition team after the election.

Before Gov. Larry Hogan visited a fire station Friday, a man leaning out of a passing truck window pumped both arms in the air and yelled, "Justice! Justice! Justice!" When Hogan arrived, he said he was focusing on keeping Baltimore safe.

"I want to continue to ask for calm and peace," said Hogan, who on Monday declared a state of emergency and called in 2,000 National Guardsmen.

At the corner of Pennsylvania and North avenues, where the worst of the rioting took place on Monday, drivers honked their horns. When buses stopped in front of the subway station, people spilled out cheering as the doors opened.

There was no large gathering at the intersection immediately after the announcement, though: Nearly 100 police in riot gear were deployed, and for the moment, they had nothing to do.

Ciara Ford, of Baltimore, expressed surprise at the decision to prosecute.

"I'm ecstatic," she said. "I hope this can restore some peace."

"It makes you cry," said her friend, Stephanie Owens of Columbia.

They both hoped the officers would be convicted. And both believed that the protests in the city made a difference in ensuring that authorities took the case seriously.

"If we had kept quiet, I don't think they would have prosecuted," Ford said.

Community activist Ted Sutton surveyed the joyous scene with amazement. "You don't see people chanting. What you see is people celebrating," Sutton said.

The charges, and Mosby's detailed explanation of what happened, are a first step toward transparency, he said.

"She took the time to critique the evidence," Sutton said, noting that the officers faced different charges specific to their actual alleged misconduct. "To have each person charged with what they actually did . to have it come out this quick - this is something else."

Councilwoman Helen Holton said the decision to bring charges was a "defining moment" and noted other injustices against blacks, from Emmett Till, a teenager killed after flirting with a white woman in Mississippi in 1955, to Rodney King, who was beaten by Los Angeles police in 1991 to Walter Scott, who was fatally shot running away from an officer in South Carolina earlier this year.

"My God, how many more black men must die before we say enough? Hopefully, Freddie Gray will be the last. If not, it is my fervent prayer that Baltimore city will lead the nation to say, `We will take down those who violate the rights of citizens, any citizens,'" she said. "I'm psyched today! I'm like, `Whoo!' My feet are not even touching the ground."

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Associated Press writers Brian Witte, Matthew Barakat and David Dishneau contributed to this story.

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