Lieutenant Brian Rice Seeks Dismissal of Charges in Freddie Gray Case

Baltimore, MD — The next officer facing trial in the death of Freddie Gray has reportedly filed for dismissal of all charges against him.

Lt. Brian Rice, 42, is charged with manslaughter, second-degree assault, two counts of misconduct in office and reckless endangerment in connection with the death of Gray. He is slated to appear in Baltimore City Circuit Court on Tuesday, July 5, for a pretrial hearing, with jury selection scheduled for the following day.

Rice is the highest ranking of the six officers charged in the death of Gray, who was arrested on April 12, 2015, and died a week later from what prosecutors allege was a spinal injury in police custody.

Rice led the pursuit that resulted in Gray’s arrest. He made eye contact with Gray on North Avenue, then gave chase, at which point two other lower-ranking officers took off after Gray on bike, officials said.

One of the policemen testified during a trial last month that he did not know the cause for the chase or arrest.

So far, three officers have been tried, two of them opting for bench trials that resulted in acquittals by a judge. One case ended in a mistrial with a hung jury.

On Tuesday, WBAL reported that Rice and two other officers still facing trial filed for dismissal of charges because of alleged missteps by the state's attorney's office.

Officer Garrett Miller, Sgt. Alicia White and Rice have all filed motions that they were not given due process, after Baltimore City Sheriff's Major Sam Cogen said the warrants and charges for arresting the six officers were drafted by the state's attorney's office, and Baltimore Police Detective Dawnyell Taylor separately testified that she was given a script to read before a grand jury by prosecutors.

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The Gray case gained attention after unrest rocked Baltimore at a time when national conversations were occurring about police brutality; after Gray’s funeral on April 27, 2015, riots erupted in parts of the city.

In what some speculate was a move to quell the unrest, State's Attorney Marilyn Mosby announced on May 1, 2015, that six officers were charged in connection with Gray's death.

More than a year later — with two acquittals and one mistrial on the books — some are suggesting that Mosby should reconsider prosecuting the four officers facing trial in the months ahead.

Judge Barry Williams acquitted Officer Caesar Goodson June 23 of all charges in the death of Gray.

Officer Edward Nero was acquitted a month earlier, on May 23.

A mistrial was declared in the case of Officer William Porter on Dec. 16, 2015.

Four officers are slated to stand trial in the coming months: Rice on July 5, Miller on July 27, Porter on Sept. 6 and White on Oct. 13.

The Department of Justice has been investigating the Baltimore Police Department to determine whether its patterns and practices violate civil rights, with a report forthcoming by early July.

Meanwhile, five of the six officers charged in the case are suing Mosby for defamation; all but Goodson have filed suit.

Photo from Baltimore Police Department.