Boytwnmom
Verified Attorney
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- Jul 26, 2008
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that's how. There was no allegation of rough ride and no evidence of any rough ride but that does not lead to your conclusion about that meaning the injury happened during the arrest. If that is true, the prosecutor was clearly unaware of it as the charging document makes no allegation of any injury except during the van ride. And that is all that can be supported by the charges as only the van driver was charged with the most serious offense.
Now, that may be because the prosecutor rushed to bring charges without an adequate investigation. But you proceed in a criminal case with the charges you have not the ones you should have brought. That's why prosecutors generally wait for the autopsy report and spend considerable time evaluating the evidence in light of such report. However, here the prosecutor had the report for 24 hours, same with the results of the police investigation, and yet proceeded to charge without a seemingly adequate review of all relevant information. That's probably why the charges and her method of charging have been met with such criticism.
Now, that may be because the prosecutor rushed to bring charges without an adequate investigation. But you proceed in a criminal case with the charges you have not the ones you should have brought. That's why prosecutors generally wait for the autopsy report and spend considerable time evaluating the evidence in light of such report. However, here the prosecutor had the report for 24 hours, same with the results of the police investigation, and yet proceeded to charge without a seemingly adequate review of all relevant information. That's probably why the charges and her method of charging have been met with such criticism.
Go figure.
The other passenger was in the van for the last 5 mins of a 45 min or so drive.
Gray looked pretty unstable to me, when they were dragging him to the van, his head's on a weird angle too. Witness said he heard Gray complaining about officer knee on him, and being hurt. Gray complained of lack of breath, a symptom of spinal injury (as well as 'asthma', and we only have the accused cops' word for it he called for an inhaler). Pretty suss, imo.
How would GPS support "no rough ride". A camera in the van, maybe..
In any case, if there was indeed no rough ride, it just supports my notion that Gray's injuries began at point of arrest and were exacerbated by him dragged in and out of the van during their multiple stops.
Speaking of the other prisoner in the van.. initial reports had him saying he heard Gray making sounds, that was all. Then the Dept "leaked" an alleged statement that this prisoner said Gray tried to harm himself (despite having no way of seeing Gray).
The prisoner himself strongly denies this, and he'[s then repeated basically the same story reported in the first place -- that he heard "a few bangs" from Gray's side of the van, during that last 5 mins of the ride he was witness to.
Which could have been Gray desperately trying to get help.