IA DISTRICT COURT OF MARYLAND FOR Baltimore City Located at $800 Wabash Avenue, Baltimore, Maryland 21215 Case No, 3802294449 STATE OF MARYLAND = VS._—“ MILLER, GARRETT EDWARD CoH: 7150400000 SID: 0003746701, UD: DLs Race:2. Sex: M 1" W200 Hair: BRN Byes: BLU DOB: 03/12/12 TT PioneW): Charge | Statue | ARCitation |CuISCode {Charge | tatte | ARICtation | CISCode ASSAULT-SEC DEGREE |CR 3203 | 11 1415, ASSAULT-SEC DEGREE |OR 3203 | |1 1418 MISCONDUCT IN OFFICE [cL 112 0845, iscoNDUCT IN OFFICE [cL 1 120645, FALSE IMPRISONMENT] CL | 1 0042 COMMITMENT PENDING HEARING TO: BALTIMORE CITY DETENTION CENTER 300E. MADISON STREET BALTIMORE 21202 YOU ARE HEREBY COMMANDED (o receive from any officer the body of the above-named Defendant who is charged withthe offense(s) listed above. In default of $250,000.00 bail (100% acceptable). SUBJECT TO THE FOLLOWING CONDITION(SV/RESTRICTION): NONE YOU ARE FURTHER COMMANDED to: Produce the Defendant for Bail Review: on 05/04/2015 at 8:30AM in Court Room District Court of Maryland For Baltimore City, $800 Wabash Avenue, Baltimore, Maryland 21215. Produce the Defendant for Tria/Hearing: on 05/27/2015 at 1:30PM in Court Room 2 District Court of Maryland For Baltimore City, $800 Wabash Avenue, Baltimore, Maryland 21215. Date: 0$/01/2015 Time: 05:48PM Commissioner: I: 1324 CIBail Review was held on _by Judge, and Defendant is commited in default of $ ail(__% Acceptable). ‘Tracking No. 151001323896DISTRICT COURT OF MARYLAND FOR Baltimore City Located at 5800 Wabash Avenue, Baltimore, Maryland 21215 Case No, 3802294449 STATE OF MARYLAND = VS._—s MILLER, GARRETT EDWARD INITIAL APPEARANCE REPORT (MD Rules 4-213, 4-213.1 and 4-216) Advice I hereby certify that when the above named Defendant was brought before me for initial appearance, I: ADVISED Defendant has appeared without an attoriey and has a right to an attomey a the initial appearance and if indigent the Public Defender will provide representation if the proceeding is before a judge or a court-appointed attorney will provide representation if the proceeding is before a commissioner. ADVISED Defendant has the right (o waive the right to be represented by an attorney atthe intial appearance and the waiver is only applicable to the initial appearance and not to any other hearing or proceeding, ADVISED Defendant, i indigent, representation shall be provided by the Public Defender if bail review or initial appearance is before a judge. ‘ADVISED Defendant, if found indigent by the commissioner, Defendant shall be represented by a court-appointed attorney, unless the Defendant waives the right ADVISED Defendant has an absolute right to hire a private attorney at Defendant's own expense to defend against these charges. Ifthe Defendant does not have the money to hire a private attorney, the Defendant is advised to timely apply t0 the Public Defender office. The Public Defender will determine if Defendant is an indigent individual, and if the Public Defender will provide representation. ‘ADVISED Defendant any representation by a court-appointed attorney is provisional, limited to the initial appearance, and ‘ill terminate automatically upon conclusion of the hearing, COMPLETED the Notification of Proceeding Report provided to State's Attomey, court-appointed attomey and/or private attomey. INFORMED Defendant of each offense charged and of the allowable penalties, including mandatory penalties, if any. ADVISED Defendant that a copy of the charging document is not available, but will be provided as soon as availble and ‘gave Defendant a copy of the Notice of Advice of Right to Counsel REQUIRED Defendant to read the Notice of Advice of Right to Counsel. ADVISED Defendant that if Defendant appears for trial without counsel, the Court could determine that the Defendant ‘waived counsel and the Defendant may have to proceed to trial unrepresented by counsel. INFORMED Defendant of Affidavit for Indigent, the Defendant completed the requested affidavit and the commissioner determined withthe eriteria set forth in Code, Criminal Procedure Article §16-210 (b) and (c) whether the Defendant qualifies for a court-appointed attomey. DETERMINED DEFENDANT IS INDIGENT. "ADVISED Defendant has the right to be represented by an attorney atthe intial appearance and, if no ‘other attomey has entered an appearance you shall be represented by the court-appointed attomey, unless the Defendant waives the right to be represented by an attorney atthe initial appearance. ENTRY OF APPEARANCE: Defendant was represented at Initial Appearance by Private Attomey. API NINTED. Pl FENDER Received: Attorney's Name: CATHERINE FLYNN Physically Present. ‘Tracking No, 151001323896 DCICR 7 (Rev. 6/12/2014)CONTINUATION PAGE | OF INITIAL APPEARANCE REPORT DISTRICT COURT OF MARYLAND FOR Baltimore City Located at $800 Wabash Avenue, Baltimore, Maryland 21215, Case No. 3802294449 STATE OF MARYLAND = VS._—MILLER, GARRETT EDWARD ADVISED detendant of provisional representation by court-appointed attorney shall be limited tothe intial appearance before the judicial officer and shall terminate automatically upon the conclusion of this proceeding, ‘ATTORNEY’ State Attorney was present by telecommunication State's Attorney's Name: ASA PATRICK MOTSAY(WRITTEN RECOM Pretrial Release Determination On the basis of information available to and developed by me I HAVE DETERMINED: ‘That release on personal recognizance will not reasonably ensure the appearance of the Defendant as required because: ‘Nature and circumstance of the offense charged. "Nature of evidence against Defendant warrants no personal recognizance. State's attorney recommends against release. Defendant may be dangerous to himself or to others. NATURE AND CIRCUMSTANCE OF CHARGES- POSSIBLE PENALTIES ‘THREAT TO PUBLIC SAFETY Required a bail bond in the amount of $250,000.00, with collateral security equal in value to the full penalty amount 10 be satisfied by depositing the required amount in cash, by certified check, by pledging intangible property approved by the Court, by encumbering real estate, and/or with the obligation of a corporation which isan insurer, or other surety, in the full penalty amount. Notice L INFORMED THE DEFENDANT: 1. that @ condition of ANY release is that Defendant appear for hearing and/or trial as directed by the Court. 2. that a warrant will be issued for the Defendant's arrest for any alleged violation of condition(s) of release; that if the recognizance or bail bond is forfeited and the Defendant fails to surrender within 30 days following the forfeiture, ‘ona felony charge, the penalty imposed may be up to 5 years in jail and/or a fine up to $5,000 or, on a misdemeanor ‘charge, the penalty imposed may be up to I year in jail and/or a fine up toS1,000; and that the Defendant may be charg, with contempt of Court 3. to notify the Court in writing of any change of address or telephofe numbéf Date: 05/01/2015 Time: 05:48 PM ‘Commissioner: Receipt Thave Clread Clhad read to me the offense(s) for which I am charged, the conditions af release, the penalty for violation ofthe conditions of release, the Notice of Advice of Right to Counsel. I acknowledge receipt of a copy ofthis form. My Bail Review date is 05/04/2015 at 08:30 am in room, at 8800 Wabash Avenue, Baltimore, Maryland 21218. Thave been informed that the Trial date i 05/27/2015 at 1:30 PM in Room 2, at $800 Wabash Avenue, Baltimore, Maryland 21215. | agree to the conditions of release and agree to appear as directed. D (>) ID: 1324 Dae Signe of Caton Sate oT Datei ‘Tracking No. 151001323896 DCICR 7 (Rev. 6/12/2014)‘DISTRICT COURT OF MARYLAND FOR Baltimore City Located at 5800 Wabash Avenue, Baltimore, Maryland 21215 ‘Case No, 3802294449 STATE OF MARYLAND VS.» MILLER, GARRETT EDWARD ‘CCH: 7150400000 SID: LD: DL: M-860-271-189-189 MD Race:2 Sex:M HUST We: 200 Hair Eyes DOB: 03/12/1959 NE Phone): Charge | Statute | Arrest Charge | Statute | Arest [ASSAULT-SEC DEGREE | CR 3203 | ‘ASSAULT-SEC DEGREE | CR 3209 | fisconouct OFFICE [CL | MISCONDUCT IN OFFICE [CL FALSE IMPRISONMENT [GL | ARREST WARRANT ON CHARGING DOCUMENT - Warrant No. D150291702 STATE OF MARYLAND, Bsinoe Cis im TO ANY PEACE OFFICER, Greetings YOU ARE ORDERED aret ndbrng ef a jadi offer th above named Defendant as non as practise and without unecessary dey Ifa fie at ealy avaiable, his War hal tore the pone dete logge bad with Rae 212 nd he artigo saucer and required to comply with Rule 4-212. IT'THE DEFENDANT Is NOT IN CUSTODY FOR ANOTHER OFFENSE, In gpa noe eld incon which Warn nas ed IF hE DEFENDANT I INCUSTODY FOR ANOTHER OFFENSE hit Wart isto ged ae én ore otic’ denon oh Defeat re fee sige ne sharing ene When he Dstndet served wth op of th ching decane’ and War he Deena tall be hn before a judicial officer of the Distrit Court 4 td Date: 05/01/2015 Time: 09:31 AM _LadgerCommissioneg 9 “4 | ID: 1315 Given fo: BALTIMORE CITY SHERIFF'S DEPT | 1 RETURN OF SERVICE eaTeentfy hat at_ 1 3¢ pM on SLi /es~ a-Centrac Bookive INTHE Center = executed this Arrest Warrant by arrestin the Defendant and deTwered a copy ofthe Statement of Charges tothe Defendant. TTC a copy ofthe Warrant and Charging Documenta a detainer forthe coninaed detention of the Defendant at Facility Cenren. Book ine, INTAKE Canrerm Location Me 2202 Agency, Sub-Agency, LD: ZZ, 24 #0lbi Date:_S as ‘Tracking No: 151001323896 ARREST WARRANT ON CHARGING DOCUMENT srarive[Located at 3800 Wabash Avenve, Baltimore, Maryland 21213 Case No. 3802294449 STATEOF MARYLAND VS.‘ MILLER, GARRETT EDWARD. COMPLAINANT: MAJOR, SAM COGEN 100 N, CALVERT STREET ‘Cc: 7150400000 sib BALTIMORE, MD 21202 UD: DL: M-60-271-189-189 MD Roce:2 SecM HES" Wi200_ Hair: Byes DOB: 03/12/1959 IT Prone W) STATEMENT OF CHARGES UPON THE FACTS CONTAINED IN THE APPLICATION OF MAJOR, SAM COGEN IT IS FORMALLY CHARGED THAT MILLER, GARRETT EDWARD at the dates, times and locations specified below: NUM CHGICIT STATUTE PENALTY DESCRIPTION OF THE CHARGE oor LHS CRI 203 10 alor$2.50000 _ASSAULT-SEC DEGREE ‘Onor About 04122015 4/12/2015 1700 BLOCK OF N. MOUNT STREET BALTIMORE, MARYLAND ‘id ust MR. FREDDIE CARLOS GRAY. JR. inthe second degre in ‘iolation of CR 3-203, contrary to the form ofthe act of te assembly In such ase made and provided and aginst the peace, goverament and digmty of he sate. ‘Against the Peace, Government, and Dignity ofthe Stat, oor FIIs R303 10 &/or$2.500.00 ASSAULT-SEC DEGREE ‘Onor About 0412/2015. 041122015 1600-1700 BLOCK OF N. MOUNT STREET BALTIMORE, MARYLAND. did assault MR, FREDDIE CARLOS GRAY, IR. inthe second degre in violation of CR 3.203, contrary tothe fom ofthe act of tne assembly in such ease made and provided and aginst the peace, government and dignity. of he ‘Against the Peace. Government. and Dignity ofthe State 03 20688 cL MISCONDUCT IN OFFICE (On of About 0412/2015 04712-2015, 1700 BLOCK OF PRESBURY STREET BALTIMORE, MARYLAND THAT GARRETT EDWARD MILLER, A PUBLIC OFFICER, WHILE ACTING UNDER COLOR OF HIS OFFICE. CORRUPTLY DID AN UNLAWFUL ACT AND CORRUPTLY FAILED TO D0 AN ACT REQUIRED BY THE DUTIES OF HIS OFFICE AND CORRUPTLY DID A LAWFUL ACT IN VIOLATION OF THE COMMON LAW OF MARYLAND. ‘Agains! he Peae, Government, and Dignity ofthe Stat oot 2068 ck MISCONDUCT IN OFFICE On or About 04/12/2015 - 04/12/2015 1600-1700 BLOCK OF N. MOUNT STREET BALTIMORE, MARYLAND ‘THAT GARRETT EDWARD MILLER. A PUBLIC OFFICER, WHILE ACTING UNDER COLOR OF HIS OFFICE, CORRUPTLY DiD AN UNLAWFUL ACT AND CORRUPTLY FAILED TODO AN ACT REQUIRED BY THE DUTIES OF HIS OFFICE AND CORRUPTLY DID A LAWFUL ACT IN VIOLATION OF THE COMMON LAW OF MARYLAND, ‘Against he Peace. Government, and Parity of the State os 1008 ct PALSE IMPRISONMENT f A ner About 04 1272015 0412 cf 1600-1700 BLOCK OF PRESBUI . \ Delores ¥. Martin 1315 Date ; 05/01/2015 Time : 09:31 AM Judicial Officer: 1318 ‘Tracking No. 151001323896 — STATECONTINUATION PAGE | OF STATEMENT OF CHARGES DISTRICT COURT OF MARYLAND FOR Baltimore City Located at 5800 Wabash Avenue, Baltimore, Maryland 21215 ‘Case No. 3802294449 STATE OF MARYLAND = VS._—“MILLER, GARRETT EDWARD [BALTIMORE MARYLAND. «id unlawfully and itertionally detain MR. FREDDIE CARLOS GRAY. JR. in violation ofthe Common Law ‘Against the Peace, Government. and Dignity ofthe State. Date : 05/01/2015 Time: ‘Tracking No. 151001323896 Judicial Officer: us isDISTRICT COURT OF MARYLAND FOR _Batimore Cty, Wabash Ave once DATED AT CORT ADRES) RELATED CASES Baltimore, MD_21215-3330 ‘9C Case No: 302294449 [ COMPLAINANT DEFENDANT oN Gabe See a i 3 corm om sheers ace DEFENDANTS DESCRIPTION: ives crt Sex M_ Race W_ Hr S11" wr 200 Hair Eyes, ‘Complexion Other pop 41289 wp APPLICATION FOR STATEMENT OF CHARGES Page tof 5___ 1, the undersigned, apply for statement of charges and a summons or warrant which may lead tothe arest ofthe stove nimed Defendant because on or about ABFL12, 2015 ___, (See Below) the above named Defindant On Api, 2015, bween 5 and 1 am, carte eof Ne Avenue ed Moun Set Liat Bian ice moh ead haar efor orb cen or a ofthe Baltimore Police Deparment (BPD), while on bike patol wile Oficers Game Miler ead Edward Nero, made ¢ contact wth Mr Free Carls Gray, (DOB 8-16-1999), Having made eye contac, Mr. Gray subsequently ran from LU Rice. Lt Rice then dispatched over a departmental adi that he was involved in fot pursuit at which ime bike patio! Ofcers Miler and Nero also Bega o pursue Mr. Gry. contin) (Continued on atached 4 ages) (DC/CR LA) {lem fin under the penalties of perjury tha the contents we are rue tothe best of ny knowledge, information ad ble. : Gi May 1, 2015 have read or had read to me and I understand the Notice on the, Seng tom May 1, 2015) sty ets Lat a - 4 Hate understand that a charging document will be issued and that [ must appear for trial] on —___,__ a, Chwhen notified by the Clerk, a the Court location shown at the top ofthis form. WW thave advised applicant of shielding ih En detines shielding 1 tectned rls charging document beease of lack of probable Dutt t BUC “Tra 161001323896 DCICR 1 (Rev. 1272006) ———}DISTRICT COURT OF MARYLAND FOR Balimore City, Wabash Ave, ceryscamy) OC Case No: 3802294449 fo ata IANA - Balimore, MO 21218. DEFENDANT'S HAME(LAST, FIRST. ML) Miller, Garrett Edward APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) Page.2...... of © Having. come.in.contact.with.the pursuing officers, Mr..Gray.surrendered.to., Officers Miller. and. Nero.in.the vicinity.of the 1700. block.of Presbury. Street.. Officers Miller.and.Nero. then. handcuffed Mr..Gray.and.moved. him.to.a.location.a. few. feet away. from his, surrendering location. Mr..Gray.was.then. placed. ina. prone position. with his arms handcuffed behind his back. It.was.at.this.time that, Mr. Gray indicated that he could not breathe. and requested an inhaler to.no avail. Officers Miller and Nero then placed Mr. Gray.in.a seated position and... subsequently. found a knife clipped to. the inside of his pants pocket, The blade of 0 he knife was not a switchblade knife and is icers, subsequently, removed the knife, and eg) is legs and scream as Officer Miller placed Mr. ae ina restraining technique known as a “leg lace” while Officer Nero physically held him down against rt Mr, Gray. Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray's arrest as no crime had been committed by Mr. Gray. Accordingly, Lt. Rice, Officer Miller, and Officer Nero illegally arrested Mr. Gray . Upon arrival of the transport wagon, driven by Officer Ceasar Goodson, Lt. Officer Nero, and Officer Miller loaded Mr. Gray into th was he secured by a seat belt while in the wagon, contrary to. a BPD General Order. Lt. Rice then directed the BED wagon to stop at Baker Street. At Baker Street, Lt . wagon, is wi ts ‘placed leg shackles on his ankles, and completed required paperwork. Officer Miller, Officer Nero and Lt. Rice then Slee hie. “Tr 151001323696 | PC DCR 1A (Rev. 1/02) ‘COURT COPYDISTRICT COURT OF MARYLAND FOR Baltimore Cily, Wabash Ave, aoe AMR | [Batimore, MD 21248-3330 UC Gace Mer 38072 61y1Coeny) ‘DEFENDANTS NAME LAST, FIRST, M1) Miler, Garrett Edward APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) Page 8 of 6 Joaded.Mr..Gray. back into the. wagon. placing. him.on.his.stemach..head first onto. the floor.of the wagon. Once.again..Mr..Gray.was.not secured hy.a seatbelt inthe. wagon..contrary. toa. BPD. General Order..Lt, Rice. then directed Officer. Goodson. to. transport Mr..Gray.to.the. Central Booking.and.Intake.Facility.. 7 Following transport from Baker Street, Mr. Gray suffered a severe and. critical, neck injury.as.a.result.of. being. handcuffed, shackled by, his feet, and unrestrained inside. of the. BPD wagon... From Baker Street, Officer Goodson... proceeded to the vicinity of Mosher Street and Fremont Avenue, where he... subsequently t seeded to the back of the wagon in order. to.ooserve Mr, spite stopping for the purpose of checking on Mr. Gray's... condition, at no point did he seek, nor did he render, any medical assistance for -.Gray...Off seat and proceeded toward the Central Booking and Intake Facility, with Mr. Gray still unsecured by a seat belt, contrary toa BPD General Order. olocks later, Officer Goodson called into dispatch that he needed to | the status of his prisoner and requested addi at Dolphin. Street and Druid Hill Avenue. Officer William Porter arrived on the scene near venue. Both Officer Goodson and Officer Porter si n despite Mr. Gaye ‘appeal for a medic, both officers assessed Mr. Gray's oslo lS. Me, [ ‘Tr## 151001323896 PCDCICR LA (Rev. 1/02) COURT COPYDISTRICT COURT OF MARYLAND FOR Baltimore City, Wabash AVE... ciy/Couny) DC Case No: se0zz94449 ee ernatiy [Balimore, MD 21218-3330 DEFENDANT'S NANE (LAST. FIRST, ML) Miler, Garrett Edward APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) Page.t......of ©. condition. and. at no. point did either. of. them restrain. Mr..Gray,.per.BPD.General, Order, nor.did.they.render.or.cequest medical assistance........ While discussing the. transportation. of Mr..Gray. for. medical attention, a request for additional units was made for an.arrest.at.1600, W. North Avenue. Officer. Porter left the vicinity of Dolphin Street and. Druid Hill Avenue to.assist.in.the arrest of another. prisoner.at North Avenue. Despite Mr. Gray's obvious. and. recognized need for medical assistance, Officer Goodson. in.a grossly.negligent manner. chose to. respond to the 1600 block of W. North Avenue, with Mr, Gray still unsecured by a seat belt in the wagon, without rendering to. or summonsing medical assistance for Mr. Gray. Lom Officer Goodson arrived at North Avenue to transport the individual arrested at the location of North and Pennsylvania Avenues, at which time he was again met by Officers Nero, Miller, Porter, and Lt, Rice. Once the wagon arrived, Officer Goodson walked to the back of the wagon and again opened the doors to the. wagon to make observations of Mr. Gray. Sat. Alicia White, Officer Porter, and Officer Goodson observed Mr. Gray unresponsi White, who was responsible for investigating two ). Wir. Gray's illegal arrest, spoke to the back of Mr. Gray's head. When he did nol respond, she did nothing further despite the fact that si i needed a me Despite Mr. Gray's seriously deteriorating medical con: assistance was rendered to or summonsed for Mr. Gray officer. After completing the North Avenue arrest and loading the additional prisoner into oslat[ie. ss . thc ~ ‘Tra 191001323896 PC DCICR 1A (Rev. 1/02) COURT cory termine his condition, n, no medicalDISTRICT COURT OF MARYLAND FOR AS <—_ > si a inven Miller, Garrett Edward APPLICATION FOR STATEMENT OF CHARGES (CONTINUED) Page 5__of 5 the opposite side ofthe wagon containing Mr. Gray, Officer Goodson then proceeded tothe Wester District Police Station, where [contrary tothe BPD General Order, he again filed to retrain Mr. Gray inthe wagon for atleast the th tie |At the Westem District Police Station, the defendant arrested at North Avenue was unloaded, escorted, and secured inside ofthe police station prior to attending to Mr. Gray. By the time Officer Zachary Novek, Sgt. White, and an unknown officer attempted to ltemove Mr. Gray from the wagon, Mr. Gray was no longer breathing tal. A medic was finally called tothe scene, where upon arrival, the medic determined that Mr. Gray was now in eardiac arrest and was erally and severely injured. Mr. Gray was rushed othe University of Maryland Shock Trauma Unit, wherehe underwent surgery. On April 19, 2015, Mr, Gray succumbed to his injuries and was pronounced dead. The manner of death, deemed a homicide by the Maryland State Medical |Examiner, is believed tobe the result ofa fatal injury that occurred while Mr. Gray was unrestrained by a seat belt in the custody of the BDP wagon. All events occurred in Baltimore City, Maryland, ables ig Ge le= Tea San GeeN HBB ‘Tra 151001323806 DC-CR-OO1A (Rev. 04/2015)