The original charges against the Baltimore Six have been dropped and a Grand Jury indictment has been obtained. The most interesting part of the indictment was that the most obviously false charges, and the ones that leave Mosby vulnerable to criminal indictment for civil rights violation, the charge of false imprisonment, were dropped, but replaced by equally laughable charges reckless endangerment.
Baltimore Sun May 21, 2015 by Ian Duncan
Subtle Differences After Indictment In Gray Case Could Be Sign Of Shift In Thinking
The differences between indictments returned Thursday against six Baltimore Police officers in the death of Freddie Gray and the initial charges filed this month suggest prosecutors have refined their approach to the case, legal analysts say — or, possibly, that a grand jury balked at the some of the counts they had sought.
Baltimore lawyers who are not connected to the case say some of the changes could mean prosecutors are focusing less on Gray's initial arrest — which State's Attorney Marilyn J. Mosby said this month was unlawful — while others suggest prosecutors are trying to give themselves a backstop should any part of the case prove faulty.
The significant change is that Mosby is desperate, the initial charges were laughable and looked to be dismissed at the initial hearing, but a Grand Jury indictment supersedes the information used for the initial arrest.
But Lt. Brian Rice, and Officers Edward Nero and Garrett Miller, who were involved in the initial stop of Gray, are no longer accused of false imprisonment. That charge had struck many lawyers as unusual; police said it could leave officers worried that an error of judgment might lead to criminal charges.
What's not clear is why that charge has disappeared. Kurt Nachtman, a former prosecutor in Baltimore, said it was likely the grand jurors did not find grounds to support it. "You would think if the prosecution handpicked the charges they'd be the same across the board," he said.
But Page Croyder, another former prosecutor, said it was possible that Mosby's office decided the false imprisonment charge was a mistake and did not offer it to the grand jury as an option.
Another change: All the officers now face a charge of reckless endangerment, a misdemeanor with a maximum sentence of five years in prison.
A review of the statute shows that the arresting officers cannot be guilty of the charge:
(a) Prohibited.- A person may not recklessly:
(1) engage in conduct that creates a substantial risk of death or serious physical injury to another;
There is no evidence that the pursuit and arrest of Freddie Gray was illegal, as even now Mosby has dropped those charges. Gray was uninjured during the arrest; his injury, according to the indictment, was caused by his striking his head while in the police van well after he was placed in the van.
The only officer responsible for Gray not being secured by a seat-belt is the officer who drove the transport van. In fact, Gray was quite vocal in the van, claiming breathing problems unrelated to his injuries, and making such a disturbance that the van had to stop after some distance and leg shackles placed on Gray. So there is no proximate relationship between the acts of the arresting officers and the injuries that caused the death of Gray. This, again, leaves Mosby and her henchmen vulnerable to criminal and civil liability for civil rights violations under Title 18 United States Code Section 242, Deprivation of Rights Under Color of Law and 42 USC Section 1983, Civil Action For Deprivation of Rights. Best wishes to the officers and their attorneys.
So, it is clear that the charges of reckless endangerment, especially against the arresting officers, are designed to discourage the police from arresting black criminals. The charge is essentially punishment for arresting a black man. This is the shape of things to come, and also reflected in the Obama Regime's plan to fund radical left-wing anti-police groups and Obama Regime's crazed claims that the police over-arrest blacks.