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| 'Rough ride': practice linked to Freddie Gray's death at the center of latest trial | |
| (about 5 hours later) | |
| Freddie Gray was shackled and loaded into a police van on his stomach with his hands cuffed behind his back on the day he was arrested last April. He was not strapped with a seatbelt, in violation of police department policy. Some allege that driver Caesar Goodson intentionally took sharp turns, allowing Gray’s body to be thrown around without the ability to hold himself steady. | Freddie Gray was shackled and loaded into a police van on his stomach with his hands cuffed behind his back on the day he was arrested last April. He was not strapped with a seatbelt, in violation of police department policy. Some allege that driver Caesar Goodson intentionally took sharp turns, allowing Gray’s body to be thrown around without the ability to hold himself steady. |
| It’s what Baltimoreans call a “rough ride”. The practice that came to light with Gray’s death last year will be at the center of the trial of Goodson, who faces the most severe criminal charges of all six officers – second-degree depraved heart murder. | It’s what Baltimoreans call a “rough ride”. The practice that came to light with Gray’s death last year will be at the center of the trial of Goodson, who faces the most severe criminal charges of all six officers – second-degree depraved heart murder. |
| “I anticipate the prosecution introducing testimony and witnesses to explain the practice, the common practice, of van drivers giving prisoners being transported the ‘rough ride’ or the ride that’s likely to expose them to serious physical injury or in this case death,” said University of Maryland law professor Douglas Colbert. | “I anticipate the prosecution introducing testimony and witnesses to explain the practice, the common practice, of van drivers giving prisoners being transported the ‘rough ride’ or the ride that’s likely to expose them to serious physical injury or in this case death,” said University of Maryland law professor Douglas Colbert. |
| Over the past several decades Baltimore has paid out millions of dollars, settling suits alleging injuries from “rough rides”. But Goodson’s trial starting Thursday will put the practice to a new test of criminal liability. | Over the past several decades Baltimore has paid out millions of dollars, settling suits alleging injuries from “rough rides”. But Goodson’s trial starting Thursday will put the practice to a new test of criminal liability. |
| To convict Goodson of second-degree depraved heart murder, the state will have to show not only that Goodson caused Gray’s death while transporting him to the police station, where Gray was found unconscious in the back of the van, but it will also have to show Goodson’s state of mind – that he was “conscious of the risk” and “acted with extreme disregard of the life-endangering consequences”. | To convict Goodson of second-degree depraved heart murder, the state will have to show not only that Goodson caused Gray’s death while transporting him to the police station, where Gray was found unconscious in the back of the van, but it will also have to show Goodson’s state of mind – that he was “conscious of the risk” and “acted with extreme disregard of the life-endangering consequences”. |
| The van stopped six times and Goodson was the only person, besides Gray, who was at each of the stops. Dr Carol Allan, the medical examiner, likened Gray’s injury to one caused by a dive into a shallow swimming pool. Gray died a week later of a spinal injury the medical examiner says he sustained in the van. | The van stopped six times and Goodson was the only person, besides Gray, who was at each of the stops. Dr Carol Allan, the medical examiner, likened Gray’s injury to one caused by a dive into a shallow swimming pool. Gray died a week later of a spinal injury the medical examiner says he sustained in the van. |
| The case may also be state’s attorney Marilyn Mosby’s best shot at a conviction after two trials that haven’t yielded one. | The case may also be state’s attorney Marilyn Mosby’s best shot at a conviction after two trials that haven’t yielded one. |
| Throughout the first two trials of officers in Gray’s death, responsibility for Gray’s safety while he was in custody was placed squarely on Goodson’s shoulders. In the trial of Edward Nero, who was acquitted, a police captain who performed audits on van drivers to see if they were hooking seatbelts and the academy instructor who taught cadets how to fasten in prisoners both testified that the “wagon man” or van driver is responsible for the prisoner’s safety. | Throughout the first two trials of officers in Gray’s death, responsibility for Gray’s safety while he was in custody was placed squarely on Goodson’s shoulders. In the trial of Edward Nero, who was acquitted, a police captain who performed audits on van drivers to see if they were hooking seatbelts and the academy instructor who taught cadets how to fasten in prisoners both testified that the “wagon man” or van driver is responsible for the prisoner’s safety. |
| If prosecutors can’t get a conviction in Goodson’s case, many believe that it is unlikely they will get one at all. “Of course this is an important trial, and based on what we’ve heard before there is anticipation that suggests officer Goodson may be convicted,” Colbert said. But after the Goodson opted for a trial by a judge and not a jury on Monday, he is more skeptical. | If prosecutors can’t get a conviction in Goodson’s case, many believe that it is unlikely they will get one at all. “Of course this is an important trial, and based on what we’ve heard before there is anticipation that suggests officer Goodson may be convicted,” Colbert said. But after the Goodson opted for a trial by a judge and not a jury on Monday, he is more skeptical. |
| “I believe that improved a favorable outcome for him,” he said. | “I believe that improved a favorable outcome for him,” he said. |
| Rough rides then and now | Rough rides then and now |
| In the months after Gray’s death there were some signs of the legacy of “rough rides”. Greg Butler, who is facing 25 years for puncturing a firehose during the riot of 27 April, told the Guardian that he was given a rough ride that day – the same day Gray was buried. And in late June, months after Gray’s death, a citizen photographed a sign on the back door of a police cruiser that read “Enjoy your ride cuz we sure will!” | In the months after Gray’s death there were some signs of the legacy of “rough rides”. Greg Butler, who is facing 25 years for puncturing a firehose during the riot of 27 April, told the Guardian that he was given a rough ride that day – the same day Gray was buried. And in late June, months after Gray’s death, a citizen photographed a sign on the back door of a police cruiser that read “Enjoy your ride cuz we sure will!” |
| But the police department’s communications director TJ Smith says it is “fair to say” that there are not any such signs in police vans today. | But the police department’s communications director TJ Smith says it is “fair to say” that there are not any such signs in police vans today. |
| The Baltimore police department has since introduced a new fleet of vans equipped with cameras and compartments that make it easier to hook a subject’s seatbelt. But a statewide bill to address the practice that would have fined officers $10,000 if someone was injured in the back of a van was stalled in the Maryland senate’s judicial proceedings committee during the last legislative session. | The Baltimore police department has since introduced a new fleet of vans equipped with cameras and compartments that make it easier to hook a subject’s seatbelt. But a statewide bill to address the practice that would have fined officers $10,000 if someone was injured in the back of a van was stalled in the Maryland senate’s judicial proceedings committee during the last legislative session. |
| The department has been paying for its past “rough rides” for decades. | The department has been paying for its past “rough rides” for decades. |
| Kenneth Mumaw was awarded $100,000 after a 1992 incident when he was falsely arrested, handcuffed and put in a van that “proceeded to the Northern District Police Station at a high rate of speed”, according to the suit. | Kenneth Mumaw was awarded $100,000 after a 1992 incident when he was falsely arrested, handcuffed and put in a van that “proceeded to the Northern District Police Station at a high rate of speed”, according to the suit. |
| In 1997, a jury awarded another man, Jeffrey Alston, $39m after he was paralyzed from the waist down after a trip in a transport wagon. He settled with the city for $6m. In 2005, Dondi Johnson Sr, who was arrested for public urination, emerged from a transport wagon with injuries that would leave him paralyzed. His family was awarded $7.4m. As in most settlements, the city does not acknowledge wrongdoing in these cases. | In 1997, a jury awarded another man, Jeffrey Alston, $39m after he was paralyzed from the waist down after a trip in a transport wagon. He settled with the city for $6m. In 2005, Dondi Johnson Sr, who was arrested for public urination, emerged from a transport wagon with injuries that would leave him paralyzed. His family was awarded $7.4m. As in most settlements, the city does not acknowledge wrongdoing in these cases. |
| Noah Scialom, a freelance photographer (Scialom shot for the Baltimore City Paper, where this reporter worked), says he got a rough ride in 2013. He was shooting a warehouse party that the police shut down. After he exited the building, he continued to take photographs from the sidewalk. | Noah Scialom, a freelance photographer (Scialom shot for the Baltimore City Paper, where this reporter worked), says he got a rough ride in 2013. He was shooting a warehouse party that the police shut down. After he exited the building, he continued to take photographs from the sidewalk. |
| “This cop tells me to not take any pictures,” Scialom said. “I said, ‘I’m press,’ and I had the press pass out. I took a picture of him and I turned to take a picture of another officer ... and next thing I know I’m get tackled from behind.” | “This cop tells me to not take any pictures,” Scialom said. “I said, ‘I’m press,’ and I had the press pass out. I took a picture of him and I turned to take a picture of another officer ... and next thing I know I’m get tackled from behind.” |
| They placed Scialom under arrest but didn’t take his phone, so he took a photo from the back of the van and posted it on Instagram. When the driver noticed that Scialom had a phone he slammed on the brakes, according to Scialom. “He says ‘Gimme your fucking phone’ and then he just drives like crazy, flying through lights, slamming on brakes, turning real hard, slamming the brakes again. It felt pretty crazy. I definitely was bracing myself with my leg. You’re sliding and it’s all this hard, metal, angular sides to the whole back of the van. There’s no way you can brace against hitting your face against something.” | They placed Scialom under arrest but didn’t take his phone, so he took a photo from the back of the van and posted it on Instagram. When the driver noticed that Scialom had a phone he slammed on the brakes, according to Scialom. “He says ‘Gimme your fucking phone’ and then he just drives like crazy, flying through lights, slamming on brakes, turning real hard, slamming the brakes again. It felt pretty crazy. I definitely was bracing myself with my leg. You’re sliding and it’s all this hard, metal, angular sides to the whole back of the van. There’s no way you can brace against hitting your face against something.” |
| This, prosecutors are expected to argue, is precisely the situation that could have led to the kind of catastrophic spinal injuries that took Gray’s life. | This, prosecutors are expected to argue, is precisely the situation that could have led to the kind of catastrophic spinal injuries that took Gray’s life. |