‘Acts of omission’ cited in behavior of officers in Freddie Gray incident

BALTIMORE — Freddie Gray suffered a single “high-energy injury” to his neck and spine — most likely caused when the police van in which he was riding suddenly decelerated, according to a copy of the autopsy report obtained by The Baltimore Sun.

The state medical examiner’s office concluded that Gray’s death could not be ruled an accident, and was instead a homicide, because officers failed to follow safety procedures “through acts of omission.”

Though Gray was loaded into the van on his belly, the medical examiner surmised that he may have gotten to his feet and was thrown into the wall during an abrupt change in direction. He was not belted in, but his wrists and ankles were shackled, putting him “at risk for an unsupported fall during acceleration or deceleration of the van.”

The medical examiner compared Gray’s injury to those seen in shallow-water diving incidents.

Gray, 25, was arrested April 12 following a foot pursuit by officers in the Gilmor Homes area, and he suffered a severe spinal injury while in police custody. His death a week later sparked protests over police brutality and unrest in the city that drew international attention to the case.

The Baltimore state’s attorney’s office charged the six officers involved in Gray’s arrest and transport. Officer Caesar R. Goodson Jr. the driver of the van, is charged with second-degree depraved-heart murder, while Sgt. Alicia D. White, Officer William F. Porter and Lt. Brian W. Rice are charged with manslaughter. Officers Edward M. Nero and Garrett E. Miller face lesser charges, including second-degree assault.

All of the officers have pleaded not guilty, and a trial has been set for October.

The autopsy report was completed April 30, the day before State’s Attorney Marilyn J. Mosby announced criminal charges against the officers. The autopsy has not been made public, and the deadline for releasing evidence in the case to defense lawyers is Friday. A copy of the autopsy was obtained and verified by sources who requested anonymity because of the high-profile nature of the case.

The chief medical examiner, Dr. David Fowler, declined to comment, as did the defense attorneys for the officers, who said they have not received the autopsy.

In a statement, Mosby denounced the release of the report. “I strongly condemn anyone with access to trial evidence who has leaked information prior to the resolution of this case,” Mosby said.

Baltimore police union president Lt. Gene Ryan said details in the autopsy raise questions about the charges, demonstrating why the union didn’t want prosecutors to “rush to a decision.”

“Why not wait till all the facts are in before you make a decision?” he asked. “Let’s just sit back and take a breath and let’s see everything unfold. I want to see all the evidence come out, because I believe our guys have nothing to hide.”

The autopsy details a chronology of the events surrounding Gray’s arrest that helped inform the medical examiner’s conclusion. The medical examiner relied upon witness statements, videos and an examination of the transport van.

Gray tested positive for opiates and cannabinoid when he was admitted to Maryland Shock Trauma Center, according to the autopsy. The report makes no further reference to the drugs found in his system.

The report does not note any previous injuries to Gray’s spine.

In concluding his death was a homicide, Assistant Medical Examiner Carol H. Allan wrote that it was “not an unforeseen event that a vulnerable individual was injured during operation of the vehicle, and that without prompt medical attention, the injury would prove fatal.”

While bystanders captured his arrest on video showing Gray moaning for help, the autopsy concluded that he suffered no injuries suggesting a neck hold or stemming from physical restraint. Allan noted that Gray could be seen bearing weight on his legs and speaking as he was loaded into the van.

Officers placed Gray on a metal bench running from front to back along the outside wall of the van. He was not belted in, which is a violation of Baltimore police policy. After the doors were closed, he could be heard yelling and banging, “causing the van to rock,” the autopsy noted.

The van made several stops. The second stop occurred a few blocks away on Baker Street, where officers placed an identification band and leg restraints on Gray.

“Reportedly, Mr. Gray was still yelling and shaking the van,” the medical examiner wrote. “He was removed from the van and placed on the ground in a kneeling position, facing the van doors, while ankle cuffs were placed, and then slid onto the floor of the van, belly down and head first, reportedly still verbally and physically active.”

Authorities previously said the third stop in the area of Fremont and Mosher streets was captured on video, which showed the van driver, Goodson, getting out and looking in the back. During a fourth stop, at Dolphin Street and Druid Hill Avenue, authorities said, Goodson called for assistance, at which point Porter got involved.

“The assisting officer opened the doors and observed Mr. Gray lying belly down on the floor with his head facing the cabin compartment, and reportedly he was asking for help, saying he couldn’t breathe, couldn’t get up, and needed a medic,” the autopsy says. “The officer assisted Mr. Gray to the bench and the van continued on its way.”

The van made a fifth stop at North and Pennsylvania avenues to pick up a second arrestee, where Mosby has said White helped check on Gray.

“Mr. Gray was found kneeling on the floor, facing the front of the van and slumped over to his right against the bench, and reportedly appeared lethargic with minimal responses to direct questions,” the report says.

The medical examiner concluded that Gray’s most significant injury was to the lower left part of his head. Given the descriptions of his demeanor and positioning in the van, it most likely occurred between the second and fourth stops made by the van driver, and possibly before the third stop, according to the autopsy.

While it’s possible Gray was hurt while lying on the floor and moving back and forth, Allan determined that his body likely couldn’t have moved in that position with enough force to cause his injuries.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

District 2 candidates differ in public safety approach

Incumbent Paula Rhyne is facing challenger Ryan Crowther. The third candidate, Jonathan Shapiro, is no longer seeking the seat.

From left to right, Edmonds City Council Position 3 candidates Joseph Ademofe, Alex Newman and Erika Barnett.
Amid budget crisis, Edmonds City Council candidates talk revenue, affordability

Three newcomers are facing off for Position 3 on the council, currently held by council President Neil Tibbott.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Everett
Everett approves new fines for non-emergency lifts

The fire department will only issue fines for non-emergency lift assists at licensed care facilities, not for individuals at home calling 911.

Guns for sale at Caso’s Gun-A-Rama in Jersey City, New Jersey, which has been open since 1967. (Photo by Aristide Economopoulos/New Jersey Monitor)
After suing, WA gets carveout from Trump administration plan to return gun conversion devices

The Trump administration has agreed to not distribute devices that turn semi-automatic… Continue reading

The Wild Horse Wind and Solar Facility about 16 miles east of Ellensburg in central Washington is part of Puget Sound Energy’s clean energy portfolio. (Courtesy of Puget Sound Energy)
Megabill’s elimination of tax credits for clean energy projects could cost WA $8.7 billion

Washington households could see electricity costs increase $115 per year by 2029; 21,800 workers could lose their jobs by 2030, analysts say.

Everett mayor candidates focus on affordability, city budget in costly race

As incumbent Cassie Franklin seeks a third term in office, three candidates are looking to unseat her.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.