BALTIMORE — Two of the six officers charged in the death of Freddie Gray are asking a judge to drop second-degree assault charges, saying that failing to seatbelt a detainee is not a crime.
Attorneys for Officer William Porter and Lt. Brian Rice filed the motions Tuesday in Baltimore Circuit Court. They also each face charges of manslaughter, reckless endangerment and misconduct in office.
They argue that they committed no crime when they didn't buckle Gray in because that failure doesn't constitute gross criminal negligence.
Gray died a week after suffering a spinal injury during a 45-minute ride in the back of a police van.
Rice and two other defendants are also seeking dismissal of reckless endangerment charges, using the same argument. Prosecutors have asked the judge to deny those motions.