Baltimore officer was negligent in black man's death: prosecutor

By Ian Simpson

BALTIMORE (Reuters) - A Baltimore policeman on trial for the death of a black man from a spinal injury while in custody failed to secure him in the back of a van and ignored his request for medical aid, a prosecutor said in opening statements on Wednesday.

But a defense lawyer for Officer William Porter rejected the allegations, saying that the officer had no responsibility to strap in Freddie Gray and that Gray showed no signs of being ill or injured.

Gray's death in April triggered rioting, arson and protests in the largely black city and fueled a national debate over police tactics and relations with minorities.

Porter, 26, faces charges in Baltimore City Circuit Court that include manslaughter, second-degree assault and misconduct. Gray, 25, died a week after he was taken into custody on April 12 for fleeing an officer and possessing a knife.

Porter is the first of six officers to go on trial and one of three black officers charged in the case. The charges against the other five officers range from misconduct to second-degree murder.

The Baltimore trials mark a rare case of the prosecution of police for misconduct. Legal experts have said the outcome could influence U.S. prosecutors in bringing charges in cases of alleged police brutality.

Chief Deputy State's Attorney Michael Schatzow said Porter was present at five of the six stops the van made the day Gray was arrested, shackled and handcuffed. He described Gray's neck injury as similar to that suffered by a diver landing headfirst in a shallow pool.

Although Gray told Porter he could not breathe, the officer ignored his requests for medical aid as well as a department order mandating that detainees be secured with a seat belt, Schatzow said.

"When he was taken out of the van, he couldn't breathe, he was unconscious, no heartbeat," Schatzow told the jury of eight women and four men.

Porter also had been trained at the police academy to give medical assistance to people who request it and to secure detainees in vehicles with seat belts.

The officer's lawyer, Gary Proctor, said other officers such as the van driver and arresting officers likely were responsible for ensuring that Gray was secured.

Gray, who had a history of brushes with the law, had a reputation of causing a scene when being arrested. Porter "knew he (Gray) didn't go quietly," the lawyer said.

Gray showed no symptoms of medical trouble when Porter spoke with him. Taking Gray to a hospital would have stripped the short-handed police district of another officer, Proctor said.

In the courtroom, Gray's mother and two other women wept quietly while Schatzow spoke. Gray's stepfather was also present.

The first witness was Alice Carson Johnson, an instructor at the Baltimore Police Academy, who was questioned by prosecutor Janet Bledsoe about Porter's medical and other training.

Under cross-examination by defense lawyer Joseph Murtha, Johnson said she had no record of Porter taking refresher courses after leaving the academy.

(Additional reporting by Donna Owens; Editing by Frank McGurty and Jonathan Oatis)