The Charges that Shocked the System

The Charges that Shocked the System May 3, 2015

This semester I taught a class on Black Theology. I centered our analysis of Black theology within the Ferguson and Black Lives Matter movement. Students read works in Black Theology and the goal was to draw from the black theology an understanding of what happening in Ferguson and beyond. We studied methodology and practice and examined how ‘black theology” would look like in places such as Ferguson where racism and systemic issues and problems are so embedded in the criminal justice system and indeed, the entire city.

Typically in class, I would start with a brief lecture on the topic for the day and students would present their work from what they read before class. After that, then the discussions would begin where the students offer questions for reflection. However, on the last day of class (Friday, May 1), I changed the format a little. We talked Baltimore. Erupting four days earlier, I knew that when class met for the last time, we needed to discuss Baltimore in light of Ferguson and the Black Lives Matter movement. So we watched news coverage in real time and I prepared to discuss media representations of the events of Baltimore, but something else happened. What I did not know was that when we began to watch the coverage, Baltimore District Attorney Marilyn Mosby was about to charge police officers involved with the death of Freddie Gray with murder manslaughter assault and/or misconduct in office.

Honestly, when she walked down the long and steep stairs heading for the bank of microphones that awaited her, I thought, along with the class, that this was just going to be an update of the situation. Maybe something like, “We are still investigating,” “We will continue the pursuit of justice,” or the oft said and now dreaded, “I will call forth the grand jury to take a look at this,” but nothing like we actually heard.

Mosby started by expressing sympathy to the “loved ones of Freddie Gray” and assured Gray’s family that “no one is above the law and that I would pursue justice on their behalf.” She then reminded us that her job was to “examine and investigate the evidence of each case and apply those facts to the elements of a crime in order to make a determination as to whether individuals should be prosecuted.”

After sharing with us how her team, has “worked around the clock,” and how they had put in “12 and 14 hour days” of investigation, she then shocked the world. After her investigation in the death of Freddie Gray she said,

The findings of our comprehensive, thorough and independent investigation, coupled with the medical examiner’s determination that Mr. Gray’s death was a homicide that we received today, has led us to believe that we have probable cause to file criminal charges.

After listing the statement of probable cause, we then heard the charges.

Officer Caesar Goodson Jr., 45: Second-degree depraved murder, manslaughter, second-degree assault, two counts of vehicular manslaughter charges and misconduct in office. Officer William Porter, 25: Involuntary manslaughter, second-degree assault and misconduct in office. Lt. Brian Rice, 41: Involuntary manslaughter, two counts of second-degree assault, two counts of misconduct in office and false imprisonment. Officer Edward Nero, 29: Two counts of second-degree assault, two counts of misconduct in office and false imprisonment. Officer Garrett Miller, 26: Two counts of second-degree assault, two counts of misconduct in office and one false imprisonment charge. Sgt. Alicia White, 30: Involuntary manslaughter, second-degree assault and misconduct in office.

She would later remind us that she had heard the call for ‘No justice, no peace.’ However, she would also add, “Your peace is sincerely needed as I work to deliver justice on behalf of this young man.” She also reminded us that “these accusations of these six officers are not an indictment on the entire force.” Further she said

I come from five generations of law enforcement. My father was an officer, my mother was an officer, several of my aunts and uncles, my recently departed and beloved grandfather was one of the founding members of the first black police organization in Massachusetts. I can tell you that the actions of these officers will not and should not, in any way, damage the important working relationships between police and prosecutors as we continue to fight together to reduce crime in Baltimore. Thank you for your courage, committee and sacrifice for the betterment of the community.

Finally, after thanking her team, the Baltimore City Police Department, the governor and the State of Maryland, she also had one more group to thank.

Last but certainly not least, to the youth of the city. I will seek justice on your behalf. This is a moment. This is your moment. Let’s insure we have peaceful and productive rallies that will develop structural and systemic changes for generations to come. You’re at the forefront of this cause and as young people, our time is now.”

After the press conference, just like the people of Baltimore, she shocked my students because here was a DA who actually charged police officers in the death of a black person. However, we also remained cautious because a charge is not a conviction. However, as I listen to students and some of the interviews from people in Baltimore and from the horns I heard honking in support of this decision to charge the police officers, I realized something. I realize just how hard it is to get people to affirm Black Lives Matter. In other words, just the fact that a government official—the DA, who I have argued is the most powerful elected official in a county, charged police officers was a reason for celebration. She did not hide behind a grand jury and steered evidence in a way favorable to the officers. She did not decide there was not enough evidence to charge the officers. She did not kick the ball down the road with rhetoric of “we are still investigating” or “we are still gathering information and statements.” No, she did what many DAs do around the country every single day—especially when people of color are involved. She looked at the evidence and charged the officers appropriately. In short, the privilege of being a police office did not immune them from being charged with murder, manslaughter, assault, and/or misconduct in office.

For many who have watched justice slipped through the hands of righteousness time and time again, slide down a slippery slope of nonexistence, for those who wanted to see the system work in favor of a black family who had to bury a loved one who died at the hands of cops, for folks who saw a less than aggressive DA not pursue the case against George Zimmerman; for people who saw DAs hide behind grand juries in Ferguson and New York; for people who saw a 12 year old boy shot and killed and nothing done about it; for people who saw a black person shot and killed in Wal-Mart and the countless others; just a charge was meaningful. A charge was hopeful. A charge means something in this long line of injustices. A charge is needed. A charged was welcomed. But a charge is not a conviction. Therefore, the struggle continues.


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