Mistrial declared in Baltimore police officer's trial

Mistrial Declared for First Officer Tried in Freddie Gray Death

BALTIMORE (Reuters) -- A Maryland judge declared a mistrial on Wednesday in the trial of the first of six Baltimore police officers charged in the death of Freddie Gray, whose killing sparked riots and arson in the city in April.

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The jury had deliberated for 16 hours on whether officer William Porter was guilty of involuntary manslaughter in Gray's death from injuries suffered while in police custody. After it reported it was unable to reach a verdict, Baltimore City Circuit Court Judge Barry Williams issued his ruling.

"I do declare a mistrial," Williams said after the jury of seven women and five men said they were deadlocked on all charges. He said an administrative judge would set a new trial date as early as Thursday.

Asked by defense lawyer Joseph Murtha if he wanted to appear at Thursday's hearing, a relieved-looking Porter said, "No."

See Officer William Porter at court:

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William Porter, Freddie Gray cop at court
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Mistrial declared in Baltimore police officer's trial
Officers from the Baltimore Sheriff's Department arrest a protestor across the street from Courthouse East after the announcement of a hung jury in the trial of Officer William Porter in the Freddie Gray case, on Wednesday, Dec. 16, 2015. (Kenneth K. Lam/Baltimore Sun/TNS via Getty Images)
Officers from the Baltimore Sheriff's Department try to secure the area as they arrest a protestor across the street from Courthouse East after the announcement of a hung jury in the trial of Officer William Porter in the Freddie Gray case, on Wednesday, Dec. 16, 2015. (Kenneth K. Lam/Baltimore Sun/TNS via Getty Images)
Protesters react outside the Baltimore City Circuit Courthouse after the hung-jury was announced in the trial of Police Officer William Porter, in Baltimore, Maryland on December 16, 2015. The manslaughter trial of a Baltimore policeman accused over the death in custody of African-American Freddie Gray was declared a mistrial after the jury failed to a reach a verdict, putting the city on edge. AFP PHOTO/ MOLLY RILEY / AFP / MOLLY RILEY (Photo credit should read MOLLY RILEY/AFP/Getty Images)
BALTIMORE, MD - DECEMBER 16: Baltimore police Officer William G. Porter arrives for trial at the Baltimore City Circuit Courthouse East, December 16, 2015 in Baltimore, Maryland. The jury is in its second full day of deliberations in Porter's trial, which is the first of six trials of police officers involved in the death of Freddie Gray. (Photo by Mark Wilson/Getty Images)
BALTIMORE, MD - NOVEMBER 30: William Porter, one of six Baltimore city police officers charged in connection to the death of Freddie Gray earlier in the year, walks to a courthouse for jury selection in his trial on November 30, 2015 in Baltimore, Maryland. Porter is the first to go to trial in the death of Gray who died from an injury incured in the back of a police transport van on April 19. (Photo by Patrick Semansky-Pool/Getty Images)
A protester stands in front of Courthouse East in Baltimore prior to the start of day 9 of the trial of Officer William Porter on Thursday, Dec. 10, 2015. (Jerry Jackson/Baltimore Sun/TNS via Getty Images)
Officer William Porter enters Courthouse East in Baltimore for the start of day 9 of his trial relating to the death of Freddie Gray on Thursday, Dec. 10, 2015. (Jerry Jackson/Baltimore Sun/TNS via Getty Images)
BALTIMORE, MD NOVEMBER 30: A handful of protesters gather outside the Baltimore Circuit Court on Monday, November 30, 2015, in Baltimore, MD. Today marks the first day of the trial of Baltimore officer William G. Porter, 26, who is one of six police officers charged in the death of Freddie Gray. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
BALTIMORE, MD NOVEMBER 30: Tawanda Jones, whose brother Tyrone West, was killed by police in Baltimore, lets her voice be heard outside the Baltimore Circuit Court on Monday, November 30, 2015, in Baltimore, MD. Today marks the first day of the trial of Baltimore officer William G. Porter, 26, who is one of six police officers charged in the death of Freddie Gray. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
BALTIMORE, MD - NOVEMBER 30: William Porter, one of six Baltimore city police officers charged in connection to the death of Freddie Gray earlier in the year, walks to a courthouse for jury selection in his trial on November 30, 2015 in Baltimore, Maryland. Porter is the first to go to trial in the death of Gray who died from an injury incured in the back of a police transport van on April 19. (Photo by Patrick Semansky-Pool/Getty Images)
Officer William Porter enters Courthouse East in Baltimore for the start of day 9 of his trial relating to the death of Freddie Gray on Thursday, Dec. 10, 2015. (Jerry Jackson/Baltimore Sun/TNS via Getty Images)
BALTIMORE, MD NOVEMBER 30: A handful of protesters gather outside the Baltimore Circuit Court on Monday, November 30, 2015, in Baltimore, MD. Today marks the first day of the trial of Baltimore officer William G. Porter, 26, who is one of six police officers charged in the death of Freddie Gray. (Photo by Jahi Chikwendiu/The Washington Post via Getty Images)
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The panel had said on Tuesday that it was deadlocked, but Williams told the jurors to keep trying to reach a verdict.

Porter was the first of six officers to be tried in Gray's death, from a broken neck suffered while he was transported in the back of a police van.

His death triggered protests, rioting and arson in the majority black city of 620,000 people and intensified a U.S. debate on police treatment of minorities.

See how Baltimore reacted to the charges against the police officers:

34 PHOTOS
Freddie Gray case -- Funeral, protests and officers reportedly involved
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Mistrial declared in Baltimore police officer's trial
TOPSHOT - A man walks past a mural with a portrait of Freddie Gray at North Mount and Presbury streets in the Sandtown neighborhood of west Baltimore on August 8, 2017. Baltimore, a city of 2.8 million, is troubled by drug use, poverty and racial segregation problems. In 2016 violent crime in Baltimore was up 22 percent and murders up 78 percent, according to Attorney General Jeff Sessions. / AFP PHOTO / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/Getty Images)
Baltimore Police Officer Caesar R. Goodson Jr., Officer Edward M. Nero, Officer Garrett E Miller (top L-R), Officer William G. Porter, Lt. Brian W. Rice, Sgt. Alicia D. White (bottom L-R), are pictured in these undated booking photos provided by the Baltimore Police Department. Baltimore's top prosecutor on July 27, 2016 dropped remaining charges against police officers tied to the death of black detainee Freddie Gray, after failing four times to secure convictions in a case that inflamed the U.S. debate on race and justice. Courtesy Baltimore Police Department/Handout via REUTERS ATTENTION EDITORS - THIS IMAGE WAS PROVIDED BY A THIRD PARTY. EDITORIAL USE ONLY
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)
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)
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)
People arrive at Freddie Gray's funeral at New Shiloh Baptist Church in Baltimore April 27, 2015. Mourners lined up on Monday before the funeral of Freddie Gray, a Baltimore black man who died in police custody, a death that has led to protests in the latest outcry over U.S. law enforcement's treatment of minorities. Police say he died of a neck injury on April 19 after being arrested on April 12. REUTERS/Sait Serkan Gurbuz
Freddie Gray's casket arrives at New Shiloh Baptist Church in Baltimore April 27, 2015. Mourners lined up on Monday before the funeral of Freddie Gray, a Baltimore black man who died in police custody, a death that has led to protests in the latest outcry over U.S. law enforcement's treatment of minorities. Police say he died of a neck injury on April 19 after being arrested on April 12. REUTERS/Sait Serkan Gurbuz
A woman cries as demonstrators throw rocks at Baltimore police during clashes in Baltimore, Maryland April 27, 2015. Seven Baltimore police officers were injured on Monday as rioters threw bricks and stones and burned patrol cars in violent protests after the funeral of Freddie Gray, a black man who died in police custody. REUTERS/Shannon Stapleton
A member of the family reacts during Freddie Gray's funeral service at New Shiloh Baptist Church in Baltimore April 27, 2015. Mourners lined up on Monday before the funeral of Freddie Gray, a Baltimore black man who died in police custody, a death that has led to protests in the latest outcry over U.S. law enforcement's treatment of minorities. Police say he died of a neck injury on April 19 after being arrested on April 12. REUTERS/Sait Serkan Gurbuz
A woman with goods looted from a store runs past burning vehicles during clashes in Baltimore, Maryland April 27, 2015. Seven Baltimore police officers were injured on Monday as rioters threw bricks and stones and burned patrol cars in violent protests after the funeral of Freddie Gray, a black man who died in police custody. REUTERS/Shannon Stapleton
A Baltimore firefighter attacks a fire at a convenience store and residence during clashes after the funeral of Freddie Gray in Baltimore, Maryland in the early morning hours of April 28, 2015. Baltimore erupted in violence as hundreds of rioters looted stores, burned buildings and injured at least 15 police officers following the funeral of Gray, a 25-year-old black man who died after he was injured in police custody. REUTERS/Eric Thayer TPX IMAGES OF THE DAY
Reverend Jesse Jackson speaks to the members of national media near the CVS Pharmacy building on Pennsylvania Avenue in Baltimore April 28, 2015. Hundreds of rioters looted businesses and set buildings on fire, including the pharmacy, in Baltimore on Monday in widespread violence that injured at least 15 police officers following the funeral of Freddie Gray, a 25-year-old black man who died after he was injured in police custody. REUTERS/Sait Serkan Gurbuz
Baltimore City State's Attorney Marilyn Mosby (C) leaves the courthouse after the first day of pretrial motions for six police officers charged in connection with the death of Freddie Gray in Baltimore, Maryland, U.S. on September 2, 2015. Baltimore's top prosecutor on July 27, 2016 dropped remaining charges against police officers tied to the death of black detainee Freddie Gray, after failing four times to secure convictions in a case that inflamed the U.S. debate on race and justice. REUTERS/Bryan Woolston/File Photo
Demonstrators protest outside of the Baltimore Police Department's Western District police station during a rally for Freddie Gray, in Baltimore, April 21, 2015. Hundreds of demonstrators gathered in Baltimore on Tuesday to protest the death of the 27-year-old black man who died after being arrested by local police. The U.S. Justice Department is looking into the case of Gray, who was arrested on April 12 and died a week later in a hospital after slipping into a coma, a spokeswoman said. A preliminary autopsy showed Gray died from a spinal injury. REUTERS/Jose Luis Magana
Baltimore mayor Stephanie Rawlings-Blake speaks as U.S. Rep. Elijah Cummings (D-MD) looks on during a news conference on the demonstrations for Freddie Gray, who died following an arrest by the Baltimore police department, in Baltimore, Maryland April 26, 2015. REUTERS/Shannon Stapleton
A demonstrator looks up after being sprayed with pepper spray during clashes in Baltimore, Maryland April 27, 2015. Several Baltimore police officers were injured on Monday in violent clashes with young people after the funeral of a black man, Freddie Gray, who died in police custody, and local law enforcement warned of a threat by gangs. REUTERS/Shannon Stapleton TPX IMAGES OF THE DAY
BALTIMORE, MD - APRIL 28: National Guard soldiers stand guard in downtown Baltimore outside the Harborplace mall as a bicycle rider goes by. (Carolyn Cole/Los Angeles Times via Getty Images)
BALTIMORE, MD - APRIL 22: People chant and shout as they march through the streets of Baltimore for Freddie Gray, a Baltimore man who died a week after suffering a spinal-cord injury while in police custody, near the site of Gray's arrest close to the corner of Presbury Street and North Mount Street in Baltimore, MD on Wednesday April 22, 2015. (Photo by Jabin Botsford/The Washington Post via Getty Images)
BALTIMORE, MD - APRIL 22: People chant and shout as they lay down to stop traffic during their march through the streets of Baltimore for Freddie Gray, a Baltimore man who died a week after suffering a spinal-cord injury while in police custody, near the site of Gray's arrest close to the corner of Presbury Street and North Mount Street in Baltimore, MD on Wednesday April 22, 2015. (Photo by Jabin Botsford/The Washington Post via Getty Images)
BALTIMORE, USA - APRIL 22: A kid raises his hand while hundreds of people march through the streets of Baltimore to seek justice for the death for Freddie Gray who died from injuries suffered in Police custody in Baltimore, USA on April 22, 2015. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
BALTIMORE, USA - APRIL 23: Protestors and police clash as hundreds of people march through the streets of Baltimore to seek justice for the death for Freddie Gray who died from injuries suffered in Police custody in Baltimore, USA on April 23, 2015. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
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Three of the six officers charged in Gray's death, including Porter, are black. Charges against the other officers range from second-degree murder for the van's driver, to misconduct.

Warren Brown, a Baltimore defense lawyer who was in the courtroom, said of the decision, "I am not surprised at all. I think you will have the same scenario with the other trials."

He said he wanted to see if the jury broke down on racial lines. Seven of the jurors are African-American, and five are white.

Porter was charged with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office.

Gray, 25, was arrested after fleeing from police. 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 died a week later.

Porter, who was a backup officer, testified that Gray told him he needed medical aid. Porter told the van's driver and a supervisor that Gray had asked for aid but none was summoned, according to testimony.

The defense argued that Porter did not believe Gray was seriously injured until the van's final stop. His lawyers have said that Porter acted as any reasonable officer would have.

Protesters angry over police violence swarmed the streets around the courthouse following the decision, though some expressed measured views on the outcome.

"In some ways, a hung jury might be better than an acquittal," said Deray McKesson, a prominent U.S. civil rights activist, on Twitter.

One legal expert said he was surprised to see a mistrial declared on just the third day of deliberations.

"I thought the judge would never declare a mistrial absent a fistfight until the jury had been deliberating for six or seven days," said Jim Cohen, a professor at Fordham Law School in New York. "They chose the wrong defendant to try first."

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