The Baltimore probe into the death of Freddie Gray from injuries suffered while in police custody fails to support some of the charges filed by the city prosecutor, CNN reported Thursday.
The lack of support for some of the charges — including the most serious — could allow lawyers representing the cops to undermine the prosecution, the network reported, citing officials briefed on the probes by police and State’s Attorney Marilyn Mosby.
Lawyers for two of the six charged cops have challenged a key finding in Mosby’s case — that a knife found on Gray was legal in Maryland, so the cops had no right to arrest him.
The homicide investigation run by police at most considered a manslaughter charge, not second-degree murder, which was lodged against Police Officer Caesar Goodson, CNN reported, citing the officials.
Prosecutors must prove intent to kill for a murder conviction — while manslaughter pertains only to unintentional killings.
One official also told the network that homicide investigators briefed by the medical examiner believed the autopsy report would probably find the cause of death to fall short of a homicide.
Mosby said the medical examiner’s office determined that the cause of death was a homicide after Gray suffered a fatal injury while being transported in a police van.
Gray, 25, suffered spinal injuries after his arrest — with his April 19 death sparking protests and mayhem in the city.
Mosby announced soon after the death was ruled a homicide that six cops were charged with counts including second-degree murder, manslaughter, assault and false imprisonment.
The Baltimore Police Department has declined to comment on the probe, which is now in Mosby’s hands.
A spokeswoman provided CNN with the following statement on behalf of Mosby:
“While the evidence we have obtained through our independent investigation does substantiate the elements of the charges filed, I refuse to litigate this case through the media.”