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One Of The Cops Charged In Freddie Gray Case Insists Arrest Was Legal

Chuck Ross Investigative Reporter
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One of the six Baltimore police officers charged in the death of Freddie Gray is pushing back against the state’s case in the his first public response after being arrested Friday.

Officer Edward Nero filed a motion in Baltimore District Court Monday demanding state attorney Marilyn Mosby and the Baltimore police department produce the knife Gray, 25, was carrying in his pocket when he was arrested on April 12, WBAL reports.

Mosby, 35, has been on the job for a few months, and claimed during her announcement of the charges that Gray’s knife “was not a switchblade and is lawful under Maryland law.” Based on that, Gray was illegally arrested, Mosby contended.

Officers cited Gray’s knife as rationale for arresting him.

But Nero, who was one of three officers to assist in Gray’s arrest, disputes Mosby’s claim. The motion, filed by Nero’s attorneys, asserts Gray’s “spring assisted, one hand operated knife” actually is illegal in Baltimore, which has stricter knife laws than the rest of Maryland. (RELATED: Baltimore Police Release Mugshots Of Six Cops Arrested In Freddie Gray Case)

A police task force formed to investigate the Gray case also reportedly determined the knife was illegal in the city, the Baltimore Sun reported. The task force was still investigating Gray’s death and the officers’ response when Mosby made her surprise announcement Friday.

After being arrested and put into the back of a police transport van April 12, Gray suffered a traumatic neck and head injury. He was transported to the hospital where he died April 19.

Mosby said Friday that Gray’s death had been ruled a homicide and the medical examiner determined his neck had been broken. She claimed that not only had he been illegally arrested but that officers failed to properly restrain him in the back of the police van. She also alleged officers failed to provide Gray with medical care even though he asked for it.

Nero, who has been with the police force since 2012, is the officer who held Gray on the ground during his arrest before the police van arrived. He was charged with second-degree assault, false imprisonment and misconduct and released Friday on $250,000 bail.

Caesar Goodson Jr. faces the toughest charges. He was the driver of the van that transported Gray. He could face up to 30 years in prison if convicted of second-degree depraved-heart murder. He was also charged with manslaughter, involuntary manslaughter, second-degree assault and misconduct.

Three more officers face involuntary manslaughter, second-degree assault and misconduct charges. One of the other officers who helped Nero arrest Gray is charged with second-degree assault, false imprisonment and misconduct.

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