Dateline Baltimore — Baltimore Circuit Judge Barry Williams today rejected the state’s case against Officer Edward Nero, acquitting him on all counts for his role in the arrest and death of Freddie Gray.
The judgment, which followed a five-day bench trial, is the first in the closely-watched case. Mr. Nero, 30, had faced four misdemeanor charges of second-degree assault, reckless endangerment and two counts of misconduct in office.
Prosecutors argued that Mr. Nero committed an assault by detaining Mr. Gray without justification, while the reckless endangerment charge related to Mr. Nero’s role in putting Mr. Gray into an arrest wagon without buckling a seat belt. In closing arguments Thursday, Judge Williams skeptically had questioned prosecutors about their theory of assault, which legal experts said was unprecedented.
Judge Williams said this morning there were “no credible facts” to show that Mr. Nero was directly involved in Mr. Gray’s arrest. He said testimony showed Mr. Nero’s role in putting Mr. Gray in the van was minimized by the actions of others and not unreasonable given his training.
“Based on the evidence presented, this court finds that the state has not met its burden to prove beyond a reasonable doubt all required elements of the crimes charged,” the judge ruled.
“Therefore, the verdict for each count is not guilty.”
Mr. Nero leaned forward after the verdict was read. He wiped his eyes. He hugged his attorneys.
Marc Zayon and Allison Levine, Mr. Nero’s attorneys, said Mr. Nero and his family “are elated that this nightmare is finally over.”
Separately, the attorneys issued a statement that said:
“The State’s Attorney for Baltimore City rushed to charge him, as well as the other five officers, completely disregarding the facts of the case and the applicable law.
“His hope is that the State’s Attorney will re-evaluate the remaining five officers’ cases and dismiss their charges. Like Officer Nero, these officers have done nothing wrong.”
Prosecutors remain bound by a gag order. They did not comment.
State’s Attorney Marilyn Mosby did not attend the reading of the verdict. A spokesperson did not respond to questions about her absence.
Mr. Gray’s twin sister, Fredericka, left the courthouse visibly upset but declined comment. Billy Murphy, the attorney for the Gray family, said prosecutors face an “enormous standard of proof” and commended Judge Williams for “not bending to public opinion.”
Judge Williams “stood tall and did what he believed was just” while being “very careful” to make clear that his findings were specific to Mr. Nero’s case, Mr. Murphy said.
The state’s theory for the assault charge had been described by legal observers as “novel” or even “radical.” When the constitutionality of a police stop is questioned, the typical remedy is for charges to be dropped or evidence suppressed. Officers can also be sued.
But prosecutors sought to criminalize the interaction, with Deputy State’s Attorney Janice Bledsoe remarking that people were “jacked up all the time” and that officers must justify all of their actions.
Judge Williams closely questioned prosecutors on the theory in closing arguments, but made no conclusion on it in finding Mr. Nero had no involvement.
Mr. Nero was the second of six city police officers charged in the case to stand trial. The first trial, of Officer William Porter, ended in a hung jury and mistrial last December. Officer Caesar Goodson Jr., who drove the transport van where Mr. Gray suffered fatal injuries, is slated to stand trial in two weeks for second-degree murder and related charges.
Mr. Nero, a former New Jersey volunteer firefighter who joined Baltimore Police Dept. in 2012, is one of three officers who were on bike patrol when they chased and arrested Mr. Gray in West Baltimore on April 12, 2015. Mr. Gray died a week later of his injuries, touching off citywide protests.
This story originally appeared at baltimoresun.com
