BALTIMORE—Among the many charges leveled against six city police officers in last month’s death of a man in their custody was an unusual one that many experts said could reverberate among police nationwide.
Three of the six officers were charged last week with false imprisonment, after the city prosecutor determined that the April 12 arrest of 25-year-old Freddie Gray was illegal.
The death of the African-American Mr. Gray from severe spinal injuries suffered after his arrest sparked protests that erupted into violent upheaval in Baltimore hours after his funeral last Monday. On Sunday, Mayor Stephanie Rawlings-Blake lifted a 10 p.m. citywide curfew that was imposed last week, and National Guard troops began pulling back from locations in the city.
The false imprisonment charge didn’t receive as much public attention as second-degree murder or involuntary manslaughter charges faced by some of the officers. But experts say State’s Attorney Marilyn Mosby’s use of the charge will force arresting officers to tread carefully, knowing they could face criminal consequences. Some fear that could introduce a degree of hesitation that lets lawbreakers get away.
University of Baltimore President Kurt Schmoke, who was the state’s attorney in the 1980s before he was elected the city’s mayor, said the charge could help cut down on improper or dubious arrests. “That line, for some officers, seems to have gotten a bit blurred over the last few years,” he said. “That feeds into the young person’s view of being harassed.”
Others say officers should be free to trust their training and judgment. “They don’t want to be charged if it turns out they’re wrong on some aspect of the law,” said Steven H. Levin, a former federal prosecutor who last year successfully defended a police detective charged with murder in a county south of Baltimore. “You’re putting law enforcement officers in an untenable position. They’re trying to do their job.”
The officers haven’t entered pleas, and an attorney who said he spoke for all six said on Friday they did nothing wrong.
Officials say Mr. Gray began running after making eye contact with a police lieutenant on the morning of his arrest in a part of West Baltimore known for illicit drug dealing. After a chase, three officers apprehended Mr. Gray. He was charged with illegally possessing a switchblade found in his pants.
On Friday, Ms. Mosby termed Mr. Gray’s arrest illegal. She said officers lacked probable cause and that the knife was legal for him to possess.
Police far beyond Baltimore are sure to take note of all of the charges, said Doug Ward, a retired Maryland State Police major who heads the Division of Public Safety Leadership at Johns Hopkins University. “This does put police officers on alert across the country: We better make sure we’re doing the right thing or we’re going to wind up in jail,” he said.
If officers can’t assume impunity for doubtful arrests, Mr. Ward said, “That’ll stop a lot of behavior.”
Some residents said they hoped interactions with police would improve. “It’s been going on for a long time—officers doing what they want to do,” said Doletta Thomas, a 63-year-old West Baltimore resident who took part in a march Saturday.
Baltimore lawyer Nick Panteleakis, who has defended police officers in criminal cases, as well as officers who have blown the whistle on police misconduct, sees a strategic reason for bringing false imprisonment charges in this case: It shuts down a defense by officers that they had to respond with force against Mr. Gray because he was resisting arrest.
“Any citizen has the right to resist an illegal arrest in the state of Maryland,” he said.
Ms. Mosby alleged Mr. Gray was fatally injured after being placed facedown in a police van—handcuffed and shackled at his ankles—without seat-belt restraints. She also alleged officers ignored his repeated pleas for medical help. By the time medics examined him, she said, Mr. Gray was critically injured and in cardiac arrest.
Mr. Panteleakis said he met with Ms. Mosby in February, weeks after she took office as Baltimore state’s attorney, and she pledged to hold police to a higher standard.
“This is the start of something big,” said U.S. Rep. Elijah Cummings, a Democrat whose district includes West Baltimore. “I think it will cause police departments all over the country to rethink how they treat people when they arrest folks.”
Wayne Halick, an Illinois-based private investigator and former criminal investigator, said officers will likely get a different message. “They see that things aren’t being dealt with in a just manner; they are being dealt with in an emotional manner,” he said. “As an officer, that is pretty scary.” As a result, he said, officers will second-guess themselves in situations that require split-second decisions.
On Friday, Gene Ryan, president of the Baltimore police union, said, “This decision to charge the officers is going to make our job even harder, I can say that.”
But Mr. Ward said he doesn’t share those concerns. “The reality is cops know when something is over the line,” he said.
—Byron Tau contributed to this article.
Write to Scott Calvert at scott.calvert@wsj.com and Joe Palazzolo at joe.palazzolo@wsj.com
Three of the six officers were charged last week with false imprisonment, after the city prosecutor determined that the April 12 arrest of 25-year-old Freddie Gray was illegal.
The death of the African-American Mr. Gray from severe spinal injuries suffered after his arrest sparked protests that erupted into violent upheaval in Baltimore hours after his funeral last Monday. On Sunday, Mayor Stephanie Rawlings-Blake lifted a 10 p.m. citywide curfew that was imposed last week, and National Guard troops began pulling back from locations in the city.
The false imprisonment charge didn’t receive as much public attention as second-degree murder or involuntary manslaughter charges faced by some of the officers. But experts say State’s Attorney Marilyn Mosby’s use of the charge will force arresting officers to tread carefully, knowing they could face criminal consequences. Some fear that could introduce a degree of hesitation that lets lawbreakers get away.
University of Baltimore President Kurt Schmoke, who was the state’s attorney in the 1980s before he was elected the city’s mayor, said the charge could help cut down on improper or dubious arrests. “That line, for some officers, seems to have gotten a bit blurred over the last few years,” he said. “That feeds into the young person’s view of being harassed.”
Others say officers should be free to trust their training and judgment. “They don’t want to be charged if it turns out they’re wrong on some aspect of the law,” said Steven H. Levin, a former federal prosecutor who last year successfully defended a police detective charged with murder in a county south of Baltimore. “You’re putting law enforcement officers in an untenable position. They’re trying to do their job.”
The officers haven’t entered pleas, and an attorney who said he spoke for all six said on Friday they did nothing wrong.
Officials say Mr. Gray began running after making eye contact with a police lieutenant on the morning of his arrest in a part of West Baltimore known for illicit drug dealing. After a chase, three officers apprehended Mr. Gray. He was charged with illegally possessing a switchblade found in his pants.
On Friday, Ms. Mosby termed Mr. Gray’s arrest illegal. She said officers lacked probable cause and that the knife was legal for him to possess.
Police far beyond Baltimore are sure to take note of all of the charges, said Doug Ward, a retired Maryland State Police major who heads the Division of Public Safety Leadership at Johns Hopkins University. “This does put police officers on alert across the country: We better make sure we’re doing the right thing or we’re going to wind up in jail,” he said.
If officers can’t assume impunity for doubtful arrests, Mr. Ward said, “That’ll stop a lot of behavior.”
Some residents said they hoped interactions with police would improve. “It’s been going on for a long time—officers doing what they want to do,” said Doletta Thomas, a 63-year-old West Baltimore resident who took part in a march Saturday.
Baltimore lawyer Nick Panteleakis, who has defended police officers in criminal cases, as well as officers who have blown the whistle on police misconduct, sees a strategic reason for bringing false imprisonment charges in this case: It shuts down a defense by officers that they had to respond with force against Mr. Gray because he was resisting arrest.
“Any citizen has the right to resist an illegal arrest in the state of Maryland,” he said.
Ms. Mosby alleged Mr. Gray was fatally injured after being placed facedown in a police van—handcuffed and shackled at his ankles—without seat-belt restraints. She also alleged officers ignored his repeated pleas for medical help. By the time medics examined him, she said, Mr. Gray was critically injured and in cardiac arrest.
Mr. Panteleakis said he met with Ms. Mosby in February, weeks after she took office as Baltimore state’s attorney, and she pledged to hold police to a higher standard.
“This is the start of something big,” said U.S. Rep. Elijah Cummings, a Democrat whose district includes West Baltimore. “I think it will cause police departments all over the country to rethink how they treat people when they arrest folks.”
Wayne Halick, an Illinois-based private investigator and former criminal investigator, said officers will likely get a different message. “They see that things aren’t being dealt with in a just manner; they are being dealt with in an emotional manner,” he said. “As an officer, that is pretty scary.” As a result, he said, officers will second-guess themselves in situations that require split-second decisions.
On Friday, Gene Ryan, president of the Baltimore police union, said, “This decision to charge the officers is going to make our job even harder, I can say that.”
But Mr. Ward said he doesn’t share those concerns. “The reality is cops know when something is over the line,” he said.
—Byron Tau contributed to this article.
Write to Scott Calvert at scott.calvert@wsj.com and Joe Palazzolo at joe.palazzolo@wsj.com
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