Don't you guys think this might set a bad precedent?
I'm glad these two weren't convicted (Porter still facing retrial following a hung jury AFAIK). Mosby brought charges on the grounds of probable cause. Obviously White and Porter did not have any malicous intent, but considering the unusual and unfortunate circumstances, their implication in the incident doesn't seem wholly unjustified.
The depth of info provided by most media resources is a joke, so please enlighten me if I am mistaken in any of the following assumptions:
According to this nytimes timeline: http://www.nytimes.com/interactive/2015/04/29/us/100000003659763.mobile.html (sorry about mobile link)
Stop No. 2 Officer Goodson stopped the van at Fremont Avenue and Mosher Street and went back to observe Mr. Gray...
Stop No. 3 A few blocks later Officer Goodson called dispatch for help checking on his prisoner. Officer William G. Porter arrived and he and Officer Goodson went to the back of the van... ... Officer Porter helped Mr. Gray from the floor of the van to the bench, she said, but neither officer belted him in nor requested or rendered medical assistance.
From the timeline it does not seem unreasonable to conclude that after checking on Gray for the first time, Goodson decided just 3 blocks later that he should stop and get a second opinion on Grays condition and whether to contact paramedics immediately or simply wait the few minutes it would take to reach the station from Stop 3. Porter was that second opinion
Porter personally handled a seriously injured Gray, helping him to his seat, failing to realize the actual severity of his condition and contact paramedics on the spot. Furthermore, Porter either violated newly instated departmental guidelines or knowingly ignored Goodson's failure to do so by allowing Gray to remain without a seatbelt.
While this does not mark the end of Porter's overall involvement, I think it sets the stage well enough to reasonably conclude that his failure to contact paramedics and see to it that Gray was seatbelted was at least negligent, even if not criminally so.
Stop No. 4 ...Officer Goodson was met here by Officers Nero, Miller and Porter. Sgt. Alicia D. White and Officers Porter and Goodson observed “Mr. Gray unresponsive on the floor,” Ms. Mosby said. Sergeant White spoke to the back of Mr. Gray’s head, and he did not respond. “Despite Mr. Gray’s seriously deteriorating medical condition, no medical assistance was rendered or summoned for Mr. Gray at that time by any officer.”
Putting aside why Goodson decided to make this stop in the first place, we observe that it is roughly a 5 minute drive from the District Station.
White is the only Officer coming into contact with Gray for the first time at this Stop. With Nero presumably handling the second prisoner, White is also the Officer who happens to approach Gray, speak "to the back of his head," and again conclude that a call to paramedics could wait until arrival at the nearby station.
In the spirit of probable cause, it does not seem unfair to conclude that a third opinion was suggested of White by Goodson and Porter, which is why she approached an unconscious Gray, as opposed to his handler, Goodson.
I don't think its unfair to assume that an experienced police officer has seen enough people hauled of by paramedics to understand how drastically just a few minutes can alter a paramedics ability to treat an injured person.
Furthermore, each of these officers failed to follow a newly instated departmental procedure, and left Gray unrestrained (by seatbelt) once again and for the last time.
While Gray's most serious injuries very well may have been self-inflicted, the failure of officers to take precaution and follow departmental guidlines in order to prevent further injury in the aftermath, following Stops 3 and 4 or contact paramedics in a timely manner was at least negligent on the part of all officers, even if not criminally so.
In conclusion, while Mosby has made many unnecessary comments exposing her ulterior motive, I do not believe her decision to charge the officers invovled was based on said motive. It is very unfortunate that these officers lost out on pay for such a long time, but Mosby did not make that ruling. Equivalent inconveniences and unfair stigmatization are common consequences experienced by most citizens, innocent and guilty alike, thrust into this nations criminal justice system.
Mosby should have kept her mouth shut, I agree. But, unlike the charges she set, nothing she actually said will directly effect well-being of these people.
To sue her in this way sets a precedent that prosecutors should hold police officers to a higher standard of probable cause than the average citizen. And that is wrong. Thoughts?