Rough ride theory is a twist in Freddie Gray police custody death case
BALTIMORE (AP) -- Prosecutors introduced a new theory as a murder trial started for a Baltimore police van driver charged in the death of Freddie Gray, a 25-year-old black man whose neck was broken in the back of the wagon.
Not only was Officer Caesar Goodson negligent when he didn't buckle Gray into a seat belt, prosecutors said, he intentionally wanted to injure Gray by giving him a "rough ride" -- blowing through a stop sign and making a sharp turn at such a high speed that he crossed a double yellow line. With his hands cuffed and his legs shackled, Gray was thrown helplessly against the rear compartment, the prosecutor said.
Goodson, 46, who is black, faces second-degree murder, manslaughter, assault and other charges. Prosecutors had hinted earlier that Gray was subjected to a "rough ride." But opening statements Thursday marked the first time they accused the driver of intending to hurt Gray, whose death in April 2015 touched off the worst riots in Baltimore in decades.
A "rough ride" is police lingo for putting a prisoner in a police wagon without a seat belt and driving so erratically that he or she is thrown around.
Goodson is the third officer to stand trial. So far the state has not won a conviction. Officer William Porter's trial ended in a mistrial in December. The judge acquitted the second officer last month.
Schatzow was unequivocal about the state's position during opening statements.
"There was no good reason for the defendant not to belt him in, except to bounce him around," he said.
Goodson attorney Andrew Graham flatly disputed the notion that Gray was deliberately bounced around, saying: "There was no rough ride. It simply didn't happen."
He said Gray's injuries were self-inflicted when he stood up inside a moving vehicle and that officers "virtually never" belt prisoners in. Goodson is such a "slow and cautious" driver that he sometimes lulls his prisoners to sleep, he said.
Graham said Goodson -- "a good officer, a gentle man, a nice guy" -- didn't belt Gray in because of his "violent and erratic behavior" that included screaming and kicking with such force that the wagon shook. Gray continued thrashing around in the van for several stops, the attorney said.
Graham said Goodson's supervisors never directed him to seek medical attention for Gray, and that Gray wasn't exhibiting symptoms of distress.
"He did his job, and he followed instructions," Graham said. "Freddie Gray's death was a tragedy, but convicting a good officer just to assign blame would make a tragic situation worse."
Graham told the judge that the assistant medical examiner who performed Gray's autopsy and ruled his death a homicide initially told an investigator it was "a freakish accident" before meeting with prosecutors and changing her mind.
"It was the result of a pressurized investigation," Graham said.
On Friday during cross-examination, Dr. Carol Allan contradicted defense attorneys' assertion that she initially thought Gray's death was accidental.
"I had an open mind, and after reading the medical records and performing the autopsy, that's when I said, this is not an accident," she said. "The word 'accident' never crossed by lips."
Goodson's wagon stopped six times altogether.
Allan conceded that medical evidence by itself doesn't prove that Gray suffered his spinal injury between the second and fourth stops. But she said when she reviewed witness statements and other investigatory materials, she stood by her conclusion.
"Without the recorded statements I can tell you it happened in the van, but not when," she said.
She also said Gray's spinal injury could have occurred because the van sped up or slowed down -- but because Gray wasn't belted and, in her opinion, was standing up, he could have suffered his injury even if the van hadn't been speeding or moving erratically.
Prosecutors have called 11 witnesses so far, including two friends of Gray who testified that they say the officers put Gray into the wagon with his hands cuffed and legs shackled at the van's second stop. One of them, Jamel Baker, testified that he never saw the van shake and that Gray couldn't really move. He acknowledged that the scene was chaotic, he said none of the civilians present were harassing the officers.
The state on Friday also called Officer Lloyd Sobboh to testify, and showed a video of him demonstrating being placed inside a transport wagon with his hands cuffed and legs shackled as Gray was.
Testimony will continue Monday.