Judge Barry Williams declared a mistrial on Wednesday in the case of William Porter, the first of six officers to be tried for the death of Freddie Gray due to injuries he received in the back of a police van.
The jury announced that it could not reach a verdict on the charges of manslaughter, second-degree assault, reckless endangerment and misconduct in office. The judge read a note sent by the jury which read: “It is clear we have come to a point that we will not reach a unanimous agreement on any of the four charges.” Williams is expected to set a new trial date for Porter on Thursday.
It is not yet clear what effect the mistrial will have on the subsequent cases. Five other officers will be tried one by one in the months to come, several of whom are facing more serious charges for their central role in the events leading to Gray’s death in April.
But for many watching the trial, Porter’s trial has been viewed as a bellwether case not only for the other five Baltimore officers, but for other cases of police brutality around the country. When state’s attorney Marilyn Mosby announced charges against the officers in May, it felt for many like a corrective to prosecutors in Ferguson – where Officer Darren Wilson was not indicted for the death of Michael Brown.
A crowd outside courthouse chanted “all night all day we will fight for Freddie Gray” immediately after the announcement.
Racial justice organizations immediately called for a second trial. “We call on state’s attorney Mosby to move quickly to retry Porter,” said Michaela Brown, communications coordinator of Baltimore Bloc, a grassroots social justice organization in Baltimore.
“This is not over,” she continued, in a statement issued jointly with national racial justice group the Advancement Project. “Freddie Gray was treated as less than human and killed in police custody. Anything less than convicting Porter on all charges confirms that our criminal justice system does not value black lives. The system is structured to protect those with privileges from those who lack it. There is no doubt that a conviction should have happened. We will get another day in court.”
“You know the mistrial really was not good. It really sends the message that we cannot get justice,” said a man with a tattoo of a heart on his face who goes by G Black, sitting in a wheelchair at the corner of Pennsylvania and North Avenues. “We are feeling injustice right now … We want peace, but it seems like peace just doesn’t get it. It seems like the only thing y’all understand is ignorance, we hope we don’t have to give y’all ignorance. Please let us do peace.”
Prosecutors decided to try Porter first because he is expected to be a material witness in the cases against Officer Caesar Goodson, who was driving the van, and Sgt Alicia White. Porter’s defense team repeatedly declared that the responsibility for a prisoner’s safety lies with the driver of the wagon. Porter also testified that he informed his superior officer, White, that Gray needed to go to the hospital, thus fulfilling his responsibility.
On Tuesday, jurors reported they could not reach a consensus. But Williams sent them back to try again. The jury had deliberated since midday Monday.
