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| Freddie Gray Trials Resume With Prosecution of 2nd Baltimore Officer | Freddie Gray Trials Resume With Prosecution of 2nd Baltimore Officer |
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| BALTIMORE — Following months of delays, the prosecution of the Baltimore police officers charged over their encounter with Freddie Gray, the 25-year-old black man who suffered a fatal spinal injury while in police custody, resumed on Thursday, with prosecutors alleging that crimes against Mr. Gray began well before he was injured. | BALTIMORE — Following months of delays, the prosecution of the Baltimore police officers charged over their encounter with Freddie Gray, the 25-year-old black man who suffered a fatal spinal injury while in police custody, resumed on Thursday, with prosecutors alleging that crimes against Mr. Gray began well before he was injured. |
| “He needlessly risked Mr. Gray’s life,” said Michael Schatzow, the chief deputy state’s attorney for Baltimore, laying out the state’s opening argument against Officer Edward M. Nero, one of three officers present when Mr. Gray was first arrested on a sunny April morning last year. | “He needlessly risked Mr. Gray’s life,” said Michael Schatzow, the chief deputy state’s attorney for Baltimore, laying out the state’s opening argument against Officer Edward M. Nero, one of three officers present when Mr. Gray was first arrested on a sunny April morning last year. |
| “He deprived Mr. Gray of his liberty,” and of Fourth Amendment protections against unreasonable search and seizure, Mr. Schatzow added. | “He deprived Mr. Gray of his liberty,” and of Fourth Amendment protections against unreasonable search and seizure, Mr. Schatzow added. |
| The death of Mr. Gray, about a week later, set off violent protests in Baltimore and catapulted this city’s long-simmering tensions between the police and its residents to the forefront of a national debate over how officers use force against minorities. | The death of Mr. Gray, about a week later, set off violent protests in Baltimore and catapulted this city’s long-simmering tensions between the police and its residents to the forefront of a national debate over how officers use force against minorities. |
| The indictments against six police officers in connection with the events surrounding Mr. Gray’s death were welcomed by demonstrators demanding police accountability. But so far, legal arguments against the officers have been deeply complex, and the first trial, of Officer William G. Porter, ended with a mistrial in December. | The indictments against six police officers in connection with the events surrounding Mr. Gray’s death were welcomed by demonstrators demanding police accountability. But so far, legal arguments against the officers have been deeply complex, and the first trial, of Officer William G. Porter, ended with a mistrial in December. |
| Now the man behind the defense table is Officer Nero, 30, who is charged with second-degree assault, reckless endangerment and two counts of misconduct, all of which are misdemeanors. He is not charged with Mr. Gray’s death, or even with directly injuring Mr. Gray. Instead, prosecutors are seeking to prove that the police exceeded the scope of what they were allowed to do when they detained Mr. Gray, and so any physical contact they made while searching and holding him amounted to assault. | |
| But Marc Zayon, a defense lawyer for Officer Nero, said the officers had reasonable suspicion to pursue and apprehend Mr. Gray after he fled from officers for no apparent reason in West Baltimore’s downtrodden Sandtown-Winchester neighborhood. | |
| “There’s no question that this is a high-crime area,” Mr. Zayon said. “There is no question that this is unprovoked flight.” | “There’s no question that this is a high-crime area,” Mr. Zayon said. “There is no question that this is unprovoked flight.” |
| And Mr. Zayon denied that his client made physical contact with Mr. Gray during the first moments of his arrest, which Mr. Zayon said was primarily carried out by another police officer, Garrett E. Miller. | And Mr. Zayon denied that his client made physical contact with Mr. Gray during the first moments of his arrest, which Mr. Zayon said was primarily carried out by another police officer, Garrett E. Miller. |
| “The only time he touches Freddie Gray is when he asks for his inhaler, and Officer Nero helps him” Mr. Zayon said, adding that throughout the encounter with Mr. Gray, Officer Nero acted “as any other officer similarly situated would have done.” | “The only time he touches Freddie Gray is when he asks for his inhaler, and Officer Nero helps him” Mr. Zayon said, adding that throughout the encounter with Mr. Gray, Officer Nero acted “as any other officer similarly situated would have done.” |
| Officer Nero faces a count of reckless endangerment for not fastening Mr. Gray’s seatbelt when he placed him inside a police wagon that had arrived to transport him to a nearby police station. Mr. Zayon said Mr. Gray was “actively and passively” resisting arrest, and it would have been too dangerous to do so. | |
| Mr. Schatzow, the prosecutor, said Officer Nero ignored department procedure requiring seatbelt use and created a grave risk to Mr. Gray’s safety. | Mr. Schatzow, the prosecutor, said Officer Nero ignored department procedure requiring seatbelt use and created a grave risk to Mr. Gray’s safety. |
| “He leaves him facedown on that filthy floor with Mr. Gray’s hands behind his back and his legs shackled,” Mr. Schatzow said. | “He leaves him facedown on that filthy floor with Mr. Gray’s hands behind his back and his legs shackled,” Mr. Schatzow said. |
| The issue, Mr. Schatzow added, was “not one of danger.” | The issue, Mr. Schatzow added, was “not one of danger.” |
| “This issue is of not caring.” | “This issue is of not caring.” |