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Anthony Batts

Baltimore police: Still no answers in custody death

John Bacon, and William M. Welch
USA TODAY
Demonstrators protest the death of Freddie Gray outside Baltimore City Hall on April 20.

Top Baltimore law enforcement and city officials said Monday they are still uncertain how a man taken into police custody eight days ago suffered a fatal injury to his spine.

Six Baltimore officers have been suspended pending an investigation, officials said. Police reports filed in court Monday said Freddie Gray, whose spinal cord was nearly severed in his neck while in custody, had been arrested "without force or incident.''

At a news conference with the mayor and other officials, Police Commissioner Anthony Batts said investigators are still trying to determine how Gray suffered his injury, and that he appeared to have been breathing and talking on his own when placed in a police van after being taken into custody on April 12.

"I know that when Mr. Gray was placed inside that van he was able to talk,'' deputy commissioner Jerry Rodriguez said. "And when Mr. Gray was taken out of that van, he could not talk and he could not breath.''

"I am deeply troubled by this,'' Rodriguez said. "We all want to know, but I can't answer what I don't know.''

Police released videos showing him being taken into custody, but they do not capture what happened inside a van.

Rodriguez said the officers involved have been suspended, and that an autopsy showed that Gray suffered a spinal injury that led to his death. He said the autopsy showed no other body injuries.

"What we do not know, and need to get there, is how he suffered that injury,'' Rodriguez said.

The Gray family's lawyer, Billy Murphy, had said that Gray's "spine was 80 percent severed at his neck." He called the news conference by police "bizarre" for lacking answers.

Batts appealed for calm in the community and said police would conclude their investigation May 1. It will be up to prosecutors to determine whether to file charges, he said.

Batts said that Gray asked for an inhaler initially and again several times during his transport for medical care.

"There were several times he made a medical request," Batts said. "He asked for an inhaler, and at one or two of the stops it was noticed that he was having trouble breathing and we probably should have asked for paramedics."

Mayor Stephanie Rawliings-Blake said she shared the community's frustration at the lack of answers why Gray, who is black, died while in the custody of police, and said she was angered "not only that we're here but that we don't have all the answers.''

Gray, 25, suffered a nearly severed spine after his arrest April 12, according to a lawyer for his family. Video taken by a bystander does not show the injury take place, but does show police officers dragging Gray to a police van. Gray is heard crying out in pain.

In a police report filed with the court,Officer Garrett Miller wrote that Gray was stopped after fleeing "unprovoked upon noticing police presence." Miller said a knife was found clipped Gray's pants pocket and he was arrested.

"During transport to Western District via wagon transport the defendant suffered a medical emergency and was immediately transported to Shock Trauma via medic," MIller wrote.

Police say they called emergency medical staff to care for Gray at the police station 30 minutes after the arrest. Gray's family lawyer, William Murphy, says it was far longer than that.

"His take-down and arrest without probable cause occurred under a police video camera, which taped everything including the police dragging and throwing Freddie into a police vehicle while he screamed in pain," Murphy said. "While in police custody, his spine was 80% severed at his neck."

Gray's arrest sparked "Justice for Freddie" protests that intensified after his death. Dozens of protesters rallied

Rawlings-Blake offered her "sincere condolences" to Gray's family.

"I understand the frustration of the community and I take very seriously our obligation of transparency," Rawlings-Blake said. "We also have to balance that with our obligation to ensure a proper and thorough investigation is undertaken.

"We have to move forward in a responsible way to determine all the facts of this incident so that we can provide the community with answers, real answers that they deserve."

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