Police chief: 'If someone harmed Freddie Gray, we will prosecute'

Marisol Bello | USA TODAY

Show Caption Hide Caption Freddie Gray protesters arrested in Baltimore Demonstrators took to the streets of Baltimore for a fifth day on Thursday to express their outrage over the death of Freddie Gray. Clashes between protesters and police ended with two arrests.

Baltimore Police Commissioner Anthony Batts said Friday that Freddie Gray was not buckled into a seat when he was transported in a police van after he was arrested April 12.

Gray, 25, died of a mysterious injury that he suffered while in police custody. He was arrested for reasons police have not disclosed, and after having tried to run away from arresting officers, police said.

Officers held him down, handcuffed him and loaded him into a police van to transport him to the station.

In a Friday afternoon press conference, Batts said a team of more than 30 investigators is trying to narrow the timeline of the officers' interaction with Gray. He said after Gray was arrested and placed in the van, the vehicle stopped at least three times en route to a police station, but he said investigators are still trying to determine when Gray was injured.

"If someone harmed Freddie Gray, we will have to prosecute him," Batts said. "We don't want to give away all the information we have. We want to give you the information we have without jeopardizing the case."

Gray not being buckled with a seat belt was a violation of the police department's policy.

Protests have occurred daily in Baltimore since Gray's death, and a large demonstration is planned for Saturday. Maryland Gov. Larry Hogan and Baltimore Mayor Stephanie Rawlings-Blake on Friday asked the public to remain calm during weekend protests.

Deputy Commissioner Kevin Davis, who is leading the investigative team, said during the press conference that three bike officers encountered Gray and another man. Both men ran from police, who chased the pair through a neighborhood on the city's west side for several blocks.

Davis said when the officers caught up with Gray and arrested him, he should have received medical attention then. Davis did not explain why.

He said Gray was placed in a transport wagon, which then stopped to place leg irons on Gray. He did not explain why, but police have said Gray became irate and they needed to place the leg cuffs on him.

Davis said the van stopped twice more before it reached the police station.

Gray seemed to be moving OK during the first two stops, but he asked for medical help on the third stop, which he didn't receive, Batts said.

Batts said that investigators are trying to piece together what happened during that third stop and when the van arrived at the station. It was then that an ambulance was called and Gray was taken to the hospital.

Gray was in the hospital for a week before he died on Sunday.

Officer Garrett Miller wrote in a police report that Gray was stopped after fleeing "unprovoked upon noticing police presence." A knife was found in Gray's pocket and he was arrested, Miller wrote.

William Murphy, lawyer for the Gray family, says police probably had no right to pursue and detain Gray. Michael Davey, attorney for six Baltimore police officers involved in the arrest and who have been suspended with pay, said five of those officers gave statements to investigators.

Rawlings-Blake said Friday afternoon she wants answers to why police procedures regarding buckling suspects for transport were not followed and why police did not call for medical help right away.

"But we do know that a mother has to bury her child and she doesn't know why," she said. "Only that this occurred while her child was in our custody. This is unacceptable."

She said the police are moving quickly to complete their investigation and she expects the case to go to prosecutors in a week. The Baltimore City Office of the State's Attorney will decide if the case warrants any charges against anyone involved.

She also praised protesters who have been holding peaceful rallies in the city since Gray's death.

"I'm encouraged by how peaceful the demonstrations have been," she said.

At the same time, calls are growing for Batts to resign in the wake of Gray's death.

Rev. Alvin Gwynn Sr., who leads the Interdenominational Ministerial Alliance of Baltimore, a coalition of ministers, said the department is in disarray with a chief who has not shown leadership during this crisis, the Baltimore Sun reported.

"We can no longer distinguish who is in charge of the police department's day-to-day operations," Gwynn said. "It seems that no one in the police department can explain what happened."