Knife charge for man dead after Baltimore police encounter

BALTIMORE — Baltimore police filed official documents in court saying that a man who died after his spine was nearly severed while in their custody had been arrested “without force or incident.”

Officer Garrett Miller asked that 25-year-old Freddie Gray be charged with carrying a switchblade, punishable by a year in prison and a $500 fine, according to court records obtained Monday by The Associated Press.

Miller’s charging document doesn’t provide any explanations for the injuries that would lead to Gray’s death a week later. He wrote only that while being taken to the station, on April 12, “the defendant suffered a medical emergency and was immediately transported to Shock Trauma via medic.”

That description doesn’t completely coincide with the timeline police made public four days later, which says the “prisoner transport wagon” stopped on the way to the station to enable police “to place additional restraints on the subject.”

The timeline says another 30 minutes then passed before an ambulance was called to pick him up at the police station. Gray arrived at the hospital in critical condition and died on Sunday after a weeklong coma.

The documents, which misspell Gray’s name as “Grey,” were first reported Monday by The Baltimore Sun. Police had not previously mentioned a knife, or publicly disclosed the charge against Gray.

Miller’s signed report says he personally recovered the knife from Gray’s pocket. It names five other officers to be summoned as witnesses in court, and says Gray was stopped after a brief foot chase because he “fled unprovoked upon noticing police presence.”

The Gray family’s attorney, Billy Murphy, disputed the police timeline and said the injuries Gray suffered while in police custody were fatal. “His spine was 80 percent severed at his neck,” Murphy said.

“We have no confidence that the city or the police department is going to fairly and objectively investigate this case,” Murphy added.

Activists protesting excessive use of force and even Baltimore city officials say they have more questions than answers. About 50 people marched from City Hall to police headquarters Monday, carrying signs reading “Black lives matter” and “Jobs, not police killings.” They unfurled a yellow banner reading “Stop police terror.”

“This is just one of the most egregious cases I’ve ever seen,” said Colleen Davidson of the Baltimore People’s Power Assembly, which she said organized the rally at the request of Gray’s family. “We felt the need to be out here and make it known that we will not stand and watch things like this happen.”

Mayor Stephanie Rawlings-Blake and top police officials promised a thorough and transparent investigation Sunday.

“How was Mr. Gray injured? Were the proper protocols and procedures actually followed? What are the next steps to take from here?” the mayor asked.

She promised “real answers,” and said she will make sure to hold “the right people accountable.”

Police Commissioner Anthony Batts said Gray’s family has declined so far to interact with police, but the department would try again this week to share information with them. He said a “hybrid task force” including homicide detectives will investigate.

Officers and other witnesses have been interviewed, according to Deputy Commissioner Jerry Rodriguez, but he said officers who are subjects of the criminal investigation have a right not to potentially incriminate themselves.

The police timeline mentions video evidence showing Gray was “conscious and speaking” when police stopped to place additional restraints on him in the van. But the department has not yet complied with requests by Murphy and by the AP for these public records.

“We want to see a fair response and an impartial investigation, not cops investigating themselves,” said Murphy, adding that he has interviewed 11 witnesses so far.

State’s Attorney Marilyn Mosby appealed Monday for anyone with information to contact her office.

“I can assure the public that my office has dedicated all its existing resources to independently investigate this matter to determine whether criminal charges will be brought,” Mosby said.

Baltimore’s police department volunteered last year for a Justice Department review of its policies and procedures.

Outside the Western District station house, where the police timeline said Gray was brought after his arrest, Cortly “C.D.” Witherspoon, president of the Baltimore chapter of the Southern Christian Leadership Conference, called the city a “police state” where criminalization of African-American men is pervasive.

“They want the citizenry to let the investigation play out,” Witherspoon said. “We can’t do that … We want an independent investigation. We want the officers fired, we want them stripped of their pension and we want them charged.”