Thursday, April 30, 2015

The least police are required to perform with suspects is sometimes referred to as "Ordinary Care."

Ordinary care is the care that an average reasonable man exercises to prevent harm to the person or property of others and failure to exercise which when under a duty to do so constitutes actionable negligence on the part of one causing such harm. 

That is a definition from Merrium-Webster. The Baltimore police officers did not perform ordinary care to protect Mr. Gray from being harmed in the van. He went into the van alive and he came out dead. There isn't anything else to say. At the very least this is negligent homicide. If there was deliberate steering of the van to inflict harm it then falls into a higher degree of murder.

The Washington Post has to print a retraction.

April 29, 2015
By Peter Hermann

...The prisoner, who is currently in jail, (click here) was separated from Gray by a metal partition and could not see him. His statement is contained in an application for a search warrant, which is sealed by the court. The Post was given the document under the condition that the prisoner not be named because the person who provided it feared for the inmate’s safety....

According to what the other person arrested that shared a van with Mr. Gray states he heard a noise lasting four seconds that could have been Mr. Gray pounding his head on the van. Four seconds is not a concerted effort to kill or maim one's self.  The other person arrested is not currently in jail.

He clarified his statement to Baltimore homicide while interviewed on television by a journalist.