# Officer Nero Not Guilty On All Charges **URL:** \ **Category:** Great Debates\ **Created:** [May 24, 2016, 12:04am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505 "2016-05-24T00:04:12Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [May 24, 2016, 12:04am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/1 "2016-05-24T00:04:12Z")
Nero was charged with assault, misconduct in office by corruptly performing an unlawful act, reckless endangerment and misconduct in office by corruptly failing to do an act that is required by the duties of his office. These charges all arose from the death of Freddie Gray in Baltimore. There was no assault, the judge found, because the accused did not arrest Gray; Officer Miller did. Nero had no duty to inquire of Miller as to any specifics of the arrest, and the state’s theory that criminal liability attaches to Nero because he was part of the entire chain of events is not sustainable. Similarly, the unlawful act was supposedly the arrest of Gray without probable campuses, and since Nero did not arrest Miller, no finding f guilt can be had on that charge. Finally, as to the reckless endangerment, which was the only charge I thought had any basis in fact here to begin with, the judge found that a reasonable police officer would not have believed it necessary to question a superior officer as to whether Gray was belted in, or to climb in after the senior officer left to check. Therefore, it could not be “reckless” to have failed to do so. This verdict strikes me as absolutely correct, given the evidence against Nero adduced at trial. ---
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [May 24, 2016, 12:41am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/2 "2016-05-24T00:41:28Z")
Good call and really the only possible decision. The officer should not have been charged in the first place, it was prosecution by _vox populi_. One wonders if the other cases are this weak. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 24, 2016, 1:01am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/3 "2016-05-24T01:01:50Z")
I’ll admit I haven’t been following the case. What exactly was Officer Nero’s alleged role in the incident? From what I’ve read, he was present during the arrest but didn’t perform the arrest. Was he also involved in Gray’s transportation? (Another officer named Goodson was driving the vehicle.) Did Nero have any supervisory capacity? Was Nero’s role essentially that he was present when other police officers allegedly acted wrongly? Or was there something he personally was alleged to have done? ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [May 24, 2016, 1:03am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/4 "2016-05-24T01:03:47Z")
Low hanging fruit. But, I agree with **Bricker** in his analysis. ---
**Author:** ![UDS](https://avatars.discourse-cdn.com/v4/letter/u/ecae2f/32.png) [@UDS](https://boards.straightdope.com/u/UDS)\ **Post date:** [May 24, 2016, 1:21am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/5 "2016-05-24T01:21:37Z")
> [@aldiboronti](#): > > Good call and really the only possible decision. The officer should not have been charged in the first place, it was prosecution by _vox populi_. One wonders if the other cases are this weak. No reason to think so. Based on Bricker’s summary, Nero was acquitted because he was found not to be responsible for the various acts complained of. And the reason he wasn’t responsible for them is because _another officer was_. That officer, if prosecuted, obviously can’t run the same defence. He could argue that the acts alleged did not occur, or that they were lawful, but he can’t run Nero’s defence. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [May 24, 2016, 1:31am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/6 "2016-05-24T01:31:41Z")
Were any of the other officers involve charged with anything? ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [May 24, 2016, 2:29am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/7 "2016-05-24T02:29:47Z")
5 more. Trials to follow. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 24, 2016, 4:52am UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/8 "2016-05-24T04:52:31Z")
> [@John\_Mace](#): > > Were any of the other officers involve charged with anything? > [@Magiver](#): > > 5 more. Trials to follow. This was why I was wondering about the specific allegations against Nero. I was trying to guess whether his acquittal was an indication of how the other trials would go or whether he got off because he was the least guilty person who was charged. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [May 24, 2016, 12:15pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/9 "2016-05-24T12:15:03Z")
I believe a previous officer was charged, and the case ended in a hung jury. I don’t know if the prosecutors are going to try again, or not. Regards, Shodan ---
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [May 24, 2016, 12:24pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/10 "2016-05-24T12:24:07Z")
> [@Shodan](#): > > I believe a previous officer was charged, and the case ended in a hung jury. I don’t know if the prosecutors are going to try again, or not. They are. It’s set for June 13th. William Porter was the officer called to check on Gray’s condition while he was being transported. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [May 24, 2016, 2:22pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/11 "2016-05-24T14:22:22Z")
Thanks, **Frank**. Regards, Shodan ---
**Author:** ![dasmoocher](https://avatars.discourse-cdn.com/v4/letter/d/dbc845/32.png) [@dasmoocher](https://boards.straightdope.com/u/dasmoocher)\ **Post date:** [May 24, 2016, 2:25pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/12 "2016-05-24T14:25:55Z")
> [@Little\_Nemo](#): > > I’ll admit I haven’t been following the case. What exactly was Officer Nero’s alleged role in the incident? From what I’ve read, he was present during the arrest but didn’t perform the arrest. Was he also involved in Gray’s transportation? (Another officer named Goodson was driving the vehicle.) Did Nero have any supervisory capacity? Was Nero’s role essentially that he was present when other police officers allegedly acted wrongly? Or was there something he personally was alleged to have done? CNN has a summary of the decision: [Why Officer Edward Nero was acquitted in the Freddie Gray case](http://www.cnn.com/2016/05/23/us/edward-nero-verdict-judge-ruling/) ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [May 24, 2016, 5:40pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/13 "2016-05-24T17:40:45Z")
based on what I’ve seen so far I don’t see any chance of false arrest from any of them. It appears that Freddy Gray sustained a serious injury to his neck during transit. Officers were asked with checking on him and it doesn’t appear to me that there was a sufficient response. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [May 24, 2016, 5:52pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/14 "2016-05-24T17:52:54Z")
> [@Magiver](#): > > based on what I’ve seen so far I don’t see any chance of false arrest from any of them. It appears that Freddy Gray sustained a serious injury to his neck during transit. Officers were asked with checking on him and it doesn’t appear to me that there was a sufficient response. I get the impression that they were making the car bounce around quite a bit to irritate, annoy and perhaps frighten Gray. ---
**Author:** ![dasmoocher](https://avatars.discourse-cdn.com/v4/letter/d/dbc845/32.png) [@dasmoocher](https://boards.straightdope.com/u/dasmoocher)\ **Post date:** [May 24, 2016, 6:19pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/15 "2016-05-24T18:19:24Z")
> [@carnivorousplant](#): > > I get the impression that they were making the car bounce around quite a bit to irritate, annoy and perhaps frighten Gray. It looks like they’re called “rough rides”. [Freddie Gray not the first to come out of Baltimore police van with serious injuries](http://www.baltimoresun.com/news/maryland/baltimore-city/bs-md-gray-rough-rides-20150423-story.html) > [@](#): > > For some, such injuries have been inflicted by what is known as a “rough ride” — an “unsanctioned technique” in which police vans are driven to cause “injury or pain” to unbuckled, handcuffed detainees, former city police officer Charles J. Key testified as an expert five years ago in a lawsuit over Johnson’s subsequent death. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [May 24, 2016, 6:22pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/16 "2016-05-24T18:22:25Z")
They know that can kill people, and kept on doing it. Mean bastards. ---
**Author:** ![dasmoocher](https://avatars.discourse-cdn.com/v4/letter/d/dbc845/32.png) [@dasmoocher](https://boards.straightdope.com/u/dasmoocher)\ **Post date:** [May 24, 2016, 6:38pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/17 "2016-05-24T18:38:29Z")
From the same article: > [@](#): > > University of South Carolina professor Geoffrey Alpert, an expert in police force, said rough rides are also known as “screen tests.” When police cars or vans had screens between the front and back seats, drivers would stop short — “to avoid a dog” — sending a handcuffed prisoner flying face-first into the screen, he said. > > “Cops used to laugh about it. That was big in the 1980s and 1990s,” Alpert said. “It was obviously against policy and illegal. I remember in some trainings that police chiefs would say, ‘You’d better bring the damn dog you were trying to avoid if you come in with a prisoner with such an injury.’” > [@carnivorousplant](#): > > They know that can kill people, and kept on doing it. > Mean bastards. Some of them may have real problems. I posted this link in the Pit thread: [Provider of mental health evaluations for Baltimore police under investigation](http://www.baltimoresun.com/health/bs-md-police-psych-evals-20150805-story.html) > [@](#): > > The company contracted to conduct mental health screens of aspiring Baltimore police officers is under investigation by the city’s inspector general and legal department over allegations that it rushed those evaluations, according to city officials and documents obtained by The Baltimore Sun. > > The investigation focuses on whether Lutherville-based Psychology Consultants Associated fulfilled the requirements of its $730,000, two-year contract with the city. PCA allegedly conducted evaluations of prospective police officers in as little as 15 minutes, instead of the hour required under the contract to clear them for service, officials said. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 24, 2016, 6:40pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/18 "2016-05-24T18:40:33Z")
> [@dasmoocher](#): > > CNN has a summary of the decision: > > [Why Officer Edward Nero was acquitted in the Freddie Gray case](http://www.cnn.com/2016/05/23/us/edward-nero-verdict-judge-ruling/) Thank you. Based on this, I’d agree with Bricker that Nero was rightfully acquitted. ---
**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\ **Post date:** [May 24, 2016, 7:58pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/19 "2016-05-24T19:58:48Z")
> [@carnivorousplant](#): > > I get the impression that they were making the car bounce around quite a bit to irritate, annoy and perhaps frighten Gray. Gray’s injury was a broken neck. The van carrying Gray was stopped several times to check on Gray who claimed to be having an asthma attack. He was put in restraints and another prisoner was picked up for transportation. The other prisoner has said that the ride to the police station was “smooth”. It was during that time that Gray’s neck was broken. This does not seem to be a case of rough riding. ---
**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\ **Post date:** [May 24, 2016, 8:25pm UTC](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505/20 "2016-05-24T20:25:22Z")
> [@puddleglum](#): > > This does not seem to be a case of rough riding. Indeed not, but how did he break his neck? [Next page](https://boards.straightdope.com/t/officer-nero-not-guilty-on-all-charges/755505.md?page=2)