Hung Jury Leads to Mistrial in Case of Cop Involved in Freddie Gray Death

A mistrial has been declared in the case of the first of six Baltimore police officers to face trial over the death of Freddie Grey, who died from injuries he sustained while he was handcuffed in the back of a police van.

Maryland Judge Barry Williams, who is presiding over the case, declared mistrial in the case of Officer William Porter, who was charged with involuntary manslaughter in connection with Gray's death. It's now up to prosecutors to decide whether to put Porter on trial again.

On Tuesday, the jurors said they could not decide whether Porter was guilty or innocent of the manslaughter charges against him. Williams then instructed the panel to return to deliberations in the case of the 26-year-old cop, who was also on trial for second-degree assault, reckless endangerment, and misconduct in office.

Related: Jurors Deadlocked in Trial of Baltimore Cop Accused of Killing Freddie Gray

Ahead of an impending verdict, Baltimore officials braced for more protests and riots like those that rocked the city in the weeks after Gray died on April 19. Police cancelled all leave requests this week, while Mayor Stephanie Rawlings-Blake called for residents to remain calm and opened an emergency operations center. Officials also stationed armored vehicles and police around the city.

"Whether you agree or whether you disagree with the jury's ultimate verdict, our reaction has to be one of respect in Baltimore's neighborhoods," she said.

Baltimore's public school officials also sent a note to parents, students, and staff warning that violence and disorder would not be tolerated.

In closing arguments on Monday, prosecutors told the jury that Porter's failure to help Gray turned the police van into a "casket on wheels" and amounted to criminal neglect, according to the Baltimore Sun. Chief Deputy State's Attorney Michael Schatzow also accused Porter of a "cover-up" and said the officer lied to investigators in his initial account of the incident.

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Porter allegedly told police investigator Detective Syreeta Teel in an informal phone call while Gray was still hospitalized that Gray had complained he couldn't breathe. Porter later said the detective misunderstood his words.

In June, the Baltimore state medical examiner's office found that Gray, 25, likely died from a single "high-energy injury" that was sustained as he rode shackled in the back of a police van on the day of his arrest. An autopsy report suggested that Gray may have attempted to stand up during the van ride, and that the injury could have occurred as he was thrown against the van wall when the vehicle abruptly changed direction.

Investigators revealed that officers made several stops along the way, and did not secure Gray in a seatbelt during the ride — a violation of departmental policy.

Related: Baltimore Reaches Tentative $6.4 Million Deal With Freddie Gray's Family

After closing arguments concluded, Judge Williams told the jurors that to return an involuntary manslaughter verdict for Porter, they must determine that the officer acted in a "grossly negligent manner" and with "reckless or wanton disregard for human life." They must also find that Porter's actions were a "gross departure" from the type of action that would have been taken by any "reasonable police officer" in the same situation, Williams said.

Porter and the other five officers — White, Goodson, Edward Nero, Garrett Miller, and Lieutenant Brian Rice — were suspended after Gray's death. All face charges that range from second-degree depraved heart murder to assault and misconduct. Three of the officers are white and three, including Porter, are black. They will all be tried separately. Prosecutors reportedly requested that Porter be tried first because he is a material witness in the cases of White and Goodson.

The city awarded Gray's family a $6.4 million wrongful death civil settlement in September, but neither the city nor the Baltimore Police Department acknowledged wrongdoing in the case. Baltimore's police union criticized the settlement awarded to Gray's family because it had been reached before the officers' cases were heard.

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