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First Trial in Freddie Gray Homicide Ends in Mistrial

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By Christopher Coble, Esq. on December 16, 2015 2:00 PM

After 16 hours of deadlocked jury deliberations, the judge finally declared a mistrial in Baltimore Police Officer William G. Porter's trial in the homicide of Freddie Gray. Jurors told the judge they could not reach a verdict on any of the charges against Porter, the first of six officers to stand trial after Gray died in police custody last April.

The Baltimore Sun is reporting that a new trial date for Porter will be set on Thursday morning.

Homicide, but Is It Manslaughter?

Six Baltimore Police officers face charges relating to Gray's homicide. Porter specifically was charged with involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office. Each of the six is scheduled to be tried separately and consecutively, although it is unclear how Porter's mistrial will affect that schedule.

Gray was allegedly the victim of a "rough ride," during which suspects are handcuffed but not secured to a seat in a police vehicle and then intentionally battered by a rugged and bumpy ride to the station. Gray suffered fatal injuries to his spine after being placed in police custody, and an investigation suggested his arrest may have been illegal in the first place.

Deadlock in Death Case

Porter's trial lasted two weeks and jury deliberations spanned three days. It was apparent to Judge Barry G. Williams that further discussion wouldn't lead to a verdict: "You clearly have been diligent," he told jurors. "You are a hung jury."

Following a deadlocked jury, prosecutors have the option of a retrial on any charges on which the jury was unable to come to a verdict. And because the jury did not decide any of the charges in this case, double jeopardy doesn't apply. Prosecutors declined to comment after the mistrial ruling, citing a "gag order that pertains to all cases related to Freddie Gray."

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